Fee, Et Ux. v. Peery

— A series of six notes by Fred Fee and the payment thereof was' secured by a purchase money mortgage executed by him. The mortgagee assigned notes 4 and 6 to one J. G. Peery. Notes 2 and 5 were assigned to the Second National Bank. The amounts due on notes 1 and 3 were paid to the mortgagee by Mrs. Fee, the wife of Fred Fee, the mortgagor. Mrs. Fee in the court below, contended that notes 1 and 3 had not been paid by her, for and on behalf of her husband, but that she had become the holder and purchaser of said notes out of her own separate funds. The chancellor held against the claim of…