Vincent v. Nichols

Opinion op the Court by

Judge Dawson

Affirming.

In December 1926, appellants executed their note to J. T. Alexander in the sum of $450. In order to secure the payment thereof they executed a mortgage on their home in Edmonson County.

On July 13, 1931, Alexander died intestate leaving surviving him as his only child and heir at law the appellee herein. Thereafter this action was brought by appellee for the purpose of selling the property described by the mortgage for the satisfaction of the balance due on the note.

Appellants filed a plea in bar which set out that a prior action involving the same…