Johnson v. Sugg

Plaintiffs in error recovered a judgment against defendants in error in the district court of Roberts county, canceling a certain $50,000 note and a mortgage securing tue same executed by Ben F. Johnson as principal and Mamie Johnson, E. B. Johnson, and Mollie Johnson as sureties. On appeal, the Court of Civil Appeals reversed and remanded the cause; the decision being evidenced by a separate opinion of each of the judges.

The issue of estoppel as against defendant in error Sugg became important in the trial; the estoppel being predicated upon a release of the lien reciting payment of the note…