Applegate v. Baxley

Bicknell, C. C.

— This was a suit by the appellant against the appellees to foreclose a mortgage made by William H. Applegate, their ancestor.

The defendants pleaded the general denial and payment by their ancestor, and they filed a cross complaint alleging such payment,,and praying that the mortgage be declared satisfied and their title to the land quieted.

The plaintiff replied denying the payment, and answered the cross complaint by a denial.

The jury found for the defendants upon the complaint and upon the cross complaint. A motion by the plaintiff for a new trial was oveiTiiled, judgment was…