Hart v. Campbell ex rel. Estate of Mimms

Shaw, Judge:

Appellant, Houston Hart, instituted this action to foreclose a mortgage executed by Allie Mary Mimms in 1953. The trial court directed a verdict in favor of respondent, Samuel E. Campbell, Administrator of the Estate of Allie Mary Mimms. Hart appeals. We affirm.

On December 31, 1953, Allie Mary Mimms executed and delivered to Mr. Hart a promissory note in the sum of $5,000 bearing interest at the rate of 7% per annum. On January 11, 1954, Miss Mimms executed a mortgage securing payment of the note. Neither the note nor the mortgage fixed any maturity date or provided for a payment…