Minnesota Loan & Trust Co. v. Busby

Plaintiff commenced action to foreclose a real estate mortgage, alleging that no part of the principal of the mortgage note for $1,000 had been paid.

Defendant Busby answered, admitting the execution of the note and mortgage to the State Bank of Nashua, Montana, alleging the payment of $600 on the principal and a certain amount of interest money on December 14, 1925, and consenting that judgment for $400, with accrued interest, and such an attorney’s fee as the court should see fit to fix, be entered.

The pleadings and the proof show that the note and mortgage were executed in 1920, the note…