Swarm v. Boggs

*248The opinion of the court was delivered by

Hoyt, C. J.

In March, 1891, the defendants became the owners in fee simple of the real estate, the title and the right to possession of which was in controversy in this action. Thereafter they made, executed and delivered to one August Swarm their promissory note for $1,000, and to secure its payment, made and delivered a mortgage upon the property. In May, 1893, the note so secured by this mortgage became due and payable, the principal and interest at that date amounting to the sum of $1,175. On the last named date the defendants made, executed and…