E. R. Thomas & Co. v. Penland

Plaintiff in this action sued defendants upon their promissory note for $750, payable to plaintiff's order, and also sought foreclosure of a second mortgage on real estate executed by defendants in favor of plaintiff as security therefor. Defendants appeared in the action and answered, admitting the execution of the note and mortgage and claiming certain credits on their indebtedness to plaintiff. The action came on for trial November 19,1926, and after a hearing the court announced its decision in favor of plaintiff and directed judgment against defendants and a foreclosure of the mortgage.…