Evey v. Smith

Per Curium.

This was an action by Smith, who was the plaintiff, against Kvey, to foreclose a mortgage on real estate. The mortgage bears date September the 1st, 1859, and was given to secure the payment of three several promissory notes, as follows: One note for 150 dollars, dated October 1, I860: another for 150 dollars, payable on the 1st of October, 1861, and a third for 200 dollars, due October 1, 1862. The defendant answered the complaint, alleging, in his answer, “ that he had fully paid the claim of the plaintiff.” The Court tried the cause, and found for the plaintiff 487 dollars and…