Bain v. Olsen

This is an appeal from a judgment of the district court for respondents in an action to foreclose a mortgage on real property. Appellant alleged the execution and delivery of the note and mortgage to one John Mac-Mullin; that MacMullin, for a valuable consideration, in due course of business, sold and assigned the note and mortgage to him, before maturity; that he is the lawful owner and holder thereof; and that the whole sum of principal and interest is due and unpaid. Respondents admitted the execution of the note and mortgage, but denied that, in due course of business, or otherwise, they…