Ellens v. Lind

On January 6, 1923, Mary Lind and husband executed and delivered to Theresa Ellens their promissory note for $7,ooo and to secure payment they executed a mortgage upon a tract of land in Lincoln county. The appellant, William H. Was-em, purchased the mortgaged property and title was conveyed to him by warranty deed, dated April 16, 1923. The mortgagee and appellant entered into a contract, dated December 19, 1927, which in part reads as follows :

“Whereas, Theresa Ellens has been requested to extend the time of payment of said note and mortgage as hereinafter stated, which she has consented to…