American National Bank v. Lipe

The opinion of the court was delivered by

Dawson, J.:

This was an action to foreclose a mortgage on a Salina residence property given to secure an alleged loan of $3,000 evidenced by a note for that amount, dated April 1,1922, due in six months, and executed by defendants in favor of plaintiff.

The defense was that the note and mortgage were procured by duress and fraud practiced on the defendant Mary V. Graves Lipe, the alleged details of which were to this effect:

*675In 1920 one J. F. Graves, also named “Heinie” or “Herman” Graves, son of the defendant Mary V. Graves Lipe, was engaged in dealing…