Smith v. Walcott

OPINION

OMAN, Justice.

Plaintiffs brought suit against defendant to recover an admittedly unpaid balance owing on a promissory note executed by defendant and her former husband, who is now deceased. The trial court sustained defendant’s motion for judgment on the pleadings and ordered plaintiffs’ complaint dismissed with prejudice. Plaintiffs appealed. We reverse.

On November 30, 1957, defendant and her then husband executed, in favor of plaintiffs, a promissory note secured by a mortgage lien on real estate. On May 24, 1966, plaintiffs brought suit [hereinafter referred to as the prior suit] to…