Smith v. Smith

LIVINGSTON, Justice.

Statutory ejectment brought by Brinkley Smith, appellant here, against Myrtle Smith, appellee, to recover possession of lands described in the complaint. Plea, the general issue. Appellee is the widow of R. A. Smith, deceased.

The issue tried turned on the question as to whether or not a certain mortgage executed and delivered by R. A. Smith and wife to appellant on February 7, 1931, securing the payment of $500, had been paid and satisfied in full, or had been properly foreclosed for nonpayment. It seems to be conceded that if the mortgage was paid and satisfied in full,…