Buss v. Cooley

March 9,1923, H. M. Cooley’s note for $3,000, due two years after date, was executed in favor of William Buss. The last of three credits was March 14,1929. As security Cooley mortgaged his fourth interest in 520 acres. Appellants are heirs of William Buss. 'Balance due on the note, with interest, was $5,760 as of March 9, 1936. Suit was filed May 13, 1936. No marginal indorsements of payments' were made on the recorder’s books. Pope’s Digest, §§ 9436-9465. Bob Oliver was made a defendant because he claimed to own 360 acres.

When appellants’ suit was filed, Oliver was in possession of the two…