Champagne v. Moity

REDMANN, Judge.

This appeal questions the sufficiency of the evidence to annul an earlier default judgment on a demand bearer note, for $75,000 principal, 8% interest and 33j/3% attorney’s fees.1

The note was allegedly given to defendant Moity as the price of a transfer in the form of a sale of property in full ownership, which Moity testified was intended to be only an assignment of a mineral lease. Moity did not own the property, but had had a mineral lease on it. The lease had had a 90-day term, extendable only by drilling or reworking. Moity had not done any drilling or reworking. Moity…