Smith v. Dalrymple

This is an appeal from a decree of the DeKalb Circuit Court, in equity. This decree neither grants nor denies complainants’ relief as prayed for in the original bill and the subsequent amendment, but adjudicates and orders a reference to ascertain the balance due on the mortgage debt.

The appellants are the lineal heirs of Carrie Smith Spears, deceased, who a few months prior to her death executed and delivered to appellee (respondent in the court below) two promissory notes, each in the sum of $1,050.00, without interest, secured by a mortgage on some real estate which she owned.

Appellants…