Kahn v. Gray

In the trial court the plaintiff in error was plaintiff and the defendants in error were defendants. Let them be referred to as in the trial court.

The plaintiff instituted this action on October 18, 1929, in the district court of Love county, Okla., against the defendants to foreclose a second mortgage and seeking judgment for the balance due on a $2,000 note executed by W. J. Gray and Ella Gray on May 3, 1919.

Plaintiff’s petition alleges in part:

“The petition is the usual form of mortgage foreclosure setting up the note and mortgage and asking judgment upon the note and all the land included…