Hahn v. Smith

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is an action to foreclose a mortgage of real estate executed by the defendant Owens to E. T. Hughes, now deceased, securing a note for $3,000, dated August 25, 1919, and due one year after date with interest after maturity at 8 per cent, and attorney’s fees.

The plaintiff claims the ownership of the note and mortgage by assignment from the mortgagee Hughes, and the defendant H. Stacy Smith makes the same claim on behalf of his testator N. P. Smith, of whose will he is executor.

The contest, as will appear, is between two innocent…