Henderson National Bank v. Martin's Adm'r

Opinion by

Judge Elliott :

S. B. Martin borrowed of Thomas S. Knight the sum of $i,ooo, for which he executed his promissory note, which on its face only called for six per cent, interest.

On the 14th day of September, 1870, Martin and Knight had a settlement of the amount due on the note, and as the balance due thereon Martin executed his note to Knight for $846.35, and to secure the note Martin gave a mortgage on a tract of some 185 acres of land.

In 1873 S. B. Martin sold some 80 acres of this mortgaged land to Hocker and Vanderson for two notes of $400 each, one due 1st of March, 1875, and…