Oldham

The appeal is from a judgment foreclosing a mortgage upon certain real estate belonging to appellant. The nature of the defense is shown by the following averment of the answer: “That neither the note nor the mortgage set forth and described in the plaintiff’s said complaint herein were executed by her willingly, freely or voluntarily, and the same are not and never were her obligations; and her signature to each of said documents, if either or both were signed by her, was obtained by fraud, menace and undue influence in the following manner and way.” Then follows a description in detail of the transaction relating to the execution of said note and mortgage in which are set forth sufficient facts, if established by the evidence, to defeat the action. Indeed, appellant’s story, as told upon the witness-stand, is a pathetic recital of the subjugation of her will and the coercion of her understanding by the importunity, pertinacity and misstatements of the stronger personalities interested in obtaining the security, but the case presents a very different aspect when viewed in the light of the testimony of other witnesses. It is true that extreme anxiety was manifested by plaintiff…