Benge's Administrator v. Marcum

Opinion op the Court by

Judge Clay

Reversing.

On August 3,1911, T. Y. Marcum and Sallie Marcum, his wife, executed and delivered to' E. J. Benge their promissory note for $5,648.48, payable twelve months after date, and secured its payment by a mortgage on a tract of land in Clay county. Miss Benge died in November, 1911, and a few months later her administrator -brought suit for the enforcement of the mortgage lien. In addition to a plea of usury which was allowed, T. Y. Marcum claimed that he never received $825.00 of the money mentioned in the note and filed with his answer the following…