Pemberton v. Johnson

Appellee brought this action to recover a judgment upon a promissory note, and to foreclose a mortgage given to secure its payment.

The note was executed by appellant Elihu W. Pemberton. The mortgage was executed by him and his wife, and co-appellant, Arcadia Pemberton, upon real estate which he then owned. Subsequently the réal estate was conveyed to the wife in payment of a debt which the husband owed her.

The overruling of appellants’ motion for a new trial is assigned as error.

It is contended by appellants that the finding and judgment of the court below are not sustained by sufficient…