Davis v. First National Bank

— This action is to foreclose a real estate mortgage. The defense is fraud in the procurement of the note and mortgage, and the total failure of consideration. The case was tried to a jury until the conclusion of the evidence, when, in response to motions made by the plaintiff, the court withdrew the case from the further consideration of the jury, and rendered judgment for the plaintiff. This order was made in the following terms:

“Let the record- in this case show that the motion of the plaintiff to withdraw the case from the consideration of the jury, for the reason that, this being an…