Osmundsen v. Hammond

— This is an action to cancel a note and mortgage, executed by respondent Samuel Osmundsen for the purpose of effecting a property settlement in a divorce action between him and his co-respondent, Lydia Osmundsen. The complaint alleges that, after the divorce action was commenced and after the note and mortgage had been executed, the parties effected a reconciliation, and resumed marital relations; and at the time of the reconciliation they ascertained for the first time that appellant had made himself payee and mortgagee in the instruments, and that he was holding the same in fraud of the…