Barriger v. Martin

Opinion of the Court by

Creal, Commissioner

Reversing.

On March 23, 1914, Z. V. Moyers executed and delivered to S. E. Barriger a note bearing that date for $973, due 12 months after date, and bearing interest at the rate of 10 per cent, per annum from date. Simultaneously with the execution and delivery of the note, Z. Y. Moyers and Katie Moyers, his wife, executed, acknowledged, and delivered to the payee a mortgage on two tracts of land in Carlisle county to secure the payment of the note, and this mortgage was immediately recorded in the county court clerk’s office of Carlisle county.

On…