Wagler v. Tobin

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to foreclose a mortgage on land in Sumner county, given to secure three promissory notes executed on May 2, 1914, by James A. Tobin and his wife, Bridget Tobin, one for $2,500 due in March, 1915, the second for $2,000 due in March, 1916, and a third for $2,000 due in March, 1917. Upon the last two judgment is asked.

The defense was that there had been a fraudulent alteration of the notes after delivery by changing the date of the same from April 15, 1914, to May 2, 1914, and also by writing into each the clause, “This…