Wilcox

In this action the plaintiff sued to recover upon a promissory note and to foreclose a lien upon real estate securing the indebtedness evidenced by said note. The plaintiff had judgment, from which defendants appeal on the judgment-roll, without a bill of exceptions.

The findings show a state of facts substantially as follows: The above-named defendants deeded certain lands to one Kreamer to secure an indebtedness owing by defendants to said Kreamer, amounting to $2,330. That said indebtedness was evidenced by a promissory note from said defendants to said Kreamer, and was to fall due on the twenty-second day of January, 1892. In the last-mentioned month, the defendants entered into negotiations with plaintiff for a loan with which to extinguish this indebtedness, and plaintiff agreed to advance the money to pay Kreamer’s claim; and knowing that Kreamer’s title to the land was simply that of mortgagee, plaintiff paid said Kreamer the amount of said claim, and, as security for the money so paid, he received a deed of conveyance of said land directly from Kreamer to himself, together with the note executed by defendants to Kreamer, as aforesaid, and plaintiff executed to defendants…