Luke v. Patterson

GIBSON, V. C. J.

This is an action to recover money due on a written contract and to foreclose a real estate mortgage given to secure the indebtedness. The trial court rendered a money judgment for plaintiff, but denied foreclosure of the mortgage, and disallowed attorney fees, and plaintiff appeals. Defendants have filed their cross-appeal charging error in the failure of the court to allow credit for a certain alleged payment on the indebtedness.

This controversy has grown out of a series of transactions between the respective testators of the parties hereto in the nature of promissory notes,…