Rouse v. Bolen

This is an action to cancel a note and mortgage made and delivered by appellee to the appellant on June 26, 1912, for $1,000, bearing 8 per cent interest, and payable on or before three years after date. It would serve no useful purpose to set forth the entire pleadings, and we will therefore give only enough of them to suggest the material points raised on appeal. The complaint alleges that the note and mortgage security were given for future advances to be *15made by appellant for the use and benefit of appellees,’-and that the consideration had failed in that no advances had been made; that…