Berns v. Berns

The Johnsons allege in their answer that prior to this suit the defendant-John J. Berns, who is a son of plaintiff, paid plaintiff herein all interest due upon the promissory note described in the plaintiff’s complaint up to and including June 28, 1924.

This is the main issue in this suit. A careful reading of the testimony discloses that the defendants have failed to prove that the interest was paid as alleged. The real estate embraced in the mortgages consisted of a dairy ranch upon which thirty or thirty-five cows were kept. It was in the possession of the defendant John J. Berns the most…