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FOLKNER v. COLLINS

No. 49423.

91 N.W.2d 545 (1958)

Vera Fay FOLKNER, Appellant, v. Roy COLLINS and Flora Collins, Appellees.

Supreme Court of Iowa.

July 28, 1958.

Attorney(s) appearing for the Case

Lundy, Butler, Lundy & Wilson, Eldora, for appellant.

Pell & Tye, Marshalltown, for appellees.

WENNERSTRUM, Justice.

The plaintiff originally brought an action in equity to collect the balance due on a promissory note and to foreclose a real estate mortgage. The defendants filed an answer wherein they admitted the giving of the note and mortgage but denied there was any amount due by reason of facts set forth in a counterclaim incorporated in the answer. It was pleaded therein the defendants are entitled to damages...

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