Fields v. Morgan

This was an action on a note and for foreclosure of the mortgage which secured it. The ease was tried to a jury, and the defendants appeal from an adverse judgment, complaining that the trial judge erred in sustaining a demurrer to their evidence, dismissing the jury, and rendering judgment for the plaintiff.

The evidence is undisputed that the defendants signed the note in suit, which was the last and only unpaid note in a series thereof, for the security of all of which notes the mortgage was executed; that the defendants executed the mortgage, and that they had’paid nothing on the note. In…