Johnson v. R. C. Mills Produce Co.

This is an appeal from a judgment in replevin in which the answer admits the execution of the note and mortgage sued upon, but alleges a contemporaneous oral agreement that same would not bo foreclosed.

There is no allegation of fraud, nor that defendant teas in any way deceived or damaged by the act of the plaintiff.

On the 15th day of September, 1931. the court entered judgment upon the pleadings for tile plaintiff.

The appeal was filed herein March 14, 1831, and on the 27th day of May, 1932, a motion to dismiss iwas leveled at the appeal based upon the fact and the law that the appeal is upon…