Jones v. Southern Mortgage Co.

The Southern Mortgage Company brought suit against R. P. Jones and T. D. Jones upon a joint promissory note, and also, foreclosed a mortgage given by T. D. Jones to secure the payment of the note. R. P. Jones did not defend against the note, and default judgment was taken against him. T. D. Jones filed a defense. The two suits were, by agreement of counsel, tried as one. The defense interposed by T. D. Jones was. twofold: (1) that the. instruments were signed by him to settle or prevent a threatened criminal prosecution against R. P. Jones; and (2) that both instruments, so far as he was…