Pritchard v. Comer & Co.

Blandford, Justice.

This is a proceeding to foreclose a mortgage on the part, of defendants in error against the plaintiff in error. The defence relied on was payment and a discharge from the note which the mortgage was given to secure. After the evidence had been submitted by the parties, the court instructed the jury to find for the plaintiffs. These instructions by the court are excepted to, and error is assigned thereon. There are other rulings excepted to, but in the view we take of this case, it will be necessary to notice this assignment alone.

The testimony shows that William R.…