Manning v. Meredith

I. Defendant in his answer admits the execu*431tion of the note in suit, but alleges that it has been fully paid off and satisfied. The answer shows that the manner of the payment was this: Defendant was indebted to plaintiff upon this and other notes, for which a new note was executed hy defendant, and secured by mortgage, which was foreclosed, and the judgment and decree rendered thereon were subsequently paid. The point of dispute between the parties is upon the question whether the note was included, with the other notes, in the new note and mortgage. Defendant testifies that it was.…