Spencer v. . Fortescue

The complaint alleged the execution by E. H. Fortescue and wife to M. Makely of a note and mortgage for $900 on 4 September, 1879, on which there was a balance due on 19 December, 1884, of $343, on which date a payment of $149 was made by R. H. Watson for his sister, the defendant, Nancy E., and as alleged by plaintiff R. H. Watson then, at the request of his sister, paid Makely the balance due and took the note and mortgage to hold until she could repay him. By subsequent assignments the note and mortgage came to the hands of the plaintiff, as he alleged.

The defendants admitted the execution…