Slushnik v. Walerko

— This was an action to set aside a mortgage release that had been procured by fraud and to have the reinstated mortgage foreclosed. The complaint was in two paragraphs, the first of which alleged that the appellants executed to appellee their promissory note in the sum of $650.00 payable three years after July 21, 1930, and as security therefor executed a mortgage-on certain realty; that the note was lost; that -the mortgage was duly recorded shortly after its execution; that the appellants secured the release of the mortgage fraudulently while appellee was intoxicated; that appellants…