Hart v. Trust Co. of Columbus

Sognier, Judge.

In 1974 Hart borrowed $10,000 from the Trust Company. After making about half of the monthly installment payments due on the promissory note Hart defaulted. The Trust Company sued for the unpaid balance and attorney fees, attaching a copy of the note to the pleadings. Hart answered, denying the indebtedness and claiming that the Trust Company was indebted to him for the amounts he had paid on the note; that his liability was limited to the value of his interest in certain real estate described in a security deed referred to on the face of the note by virtue of language…