Hays v. Eubanks

T. H. Davis, as agent for Claude Eubanks, made affidavit before^a magistrate that N. N. Hayes was indebted to his principal in a stated amount on the annexed mortgage, which indebtedness was due and unpaid. Execution duly issued and was levied, and the defendant filed his counter-affidavit. The issues thus made were tried in a justice’s court, and judgment was rendered in favor of the defendant. The mortgagee, desiring to enter *350an appeal, filed with the justice, J. T. McEachin, before whom the case was tried, the following bond: “Claude Eubanks vs. N. N. Hayes. Mortgage foreclosure in justice…