Wallace v. Wallace

*33The opinion of the court was delivered by

Marshall, J.:

In this action the plaintiff seeks to recover on a promissory note, and to foreclose a mortgage given to secure its payment. The defense was payment. The issues were submitted to a jury, and a verdict was returned in favor of defendant John Wallace. Judgment was rendered in his favor. The plaintiff appeals.

Defendant John Wallace had given his father, Charles Wallace, three separate promissory notes, one for $1200, one for $1700, and one for $2100, each secured by a mortgage on real property. The two smaller notes were paid prior to the…