Davidson v. Messing

Appellee brought' this suit to recover judgment on a note executed to his order by appellant for the entire purchase price of a tract of land, and he prayed the foreclosure of a mortgage on the land given to secure the note.

The execution of the note and mortgage is not denied, but an answer was filed in which appellant claimed credit on seven items totalling $1,501.40, which she alleged “are due the defendant and are supposed to be applied on the note and mortgage set up in the complaint of the plaintiff.”

Much testimony was offered upon these items and the court made the general finding that…