Kearny County Bank v. Nunn

The opinion of the court was delivered by

Parker, J.:

This was an action on a promissory note dated April 3. 1931, due on or before two years from date. The petition contained allegations, not denied, precluding any defense under the statute of limitations.

The answer, which was verified, set up three defenses, only one of which—the second—is here involved. Summarizing, this portion of the answer, after admitting the execution of the note, alleged: that as a part of the same transaction defendant Joe Nunn gave plaintiff a mortgage on real estate owned by him, subject to first and second…