Burns v. Burns

*62GARDNER, Justice.

The suit is against the administratrix of the estate of J. C. Burns, deceased, to recover on two promissory notes executed by decedent to plaintiff, the one in the sum of $15,-000, and the other $1,100. The notes were secured by a mortgage on real estate, which mortgage was duly recorded. Upon the margin of the record of this mortgage were the following words: “Satisfied, Lucien P. Burns, Transferee. Attest, J. G. Chisolm, Clerk, Probate Court.”

Defendant insists (illustrated by plea 7) that such an entry discloses a satisfaction of the notes upon which this suit is based;…