Powell v. Kightlinger

Plaintiffs in error were plaintiffs in the trial court and we will refer to the parties as they appeared therein.

Plaintiffs sought to cancel a certain note and the real estate mortgage given to secure the same, upon the grounds that the note had been fully paid; and sought to recover an amount alleged to have been overpaid on the note. They also sought to cancel certain oil and gas royalty conveyances, upon the theory, as to one given to the holder of the note and mortgage, that at the time of the execution thereof such holder owed plaintiffs more than the consideration therefor by reason of…