Abbott v. Faulk

KNIGHT, Justice.

The complaint consists of three counts, two in case and the third for money had and received. For the purposes of the case, under the facts disclosed by the record, we may treat the bill as though the third count, money had and received, was the only statement of the plaintiff’s cause of action.

It appears from the bill of exceptions that W. H. Jones and wife, on the 20th day of December, 1927, to secure a loan of $1,200, executed to Mabel H. Abbott a mortgage on a certain 40-acre tract of land, lying in Geneva county, Ala., the property of said W. H. Jones. This mortgage was…