Everett v. First Nat. Bank of Geary

G. C. Everett and wife, Fern, and P. E. Everett, defendants below, appeal from a judgment of the district court of Blaine county in favor of the First National Bank, of Geary, Okla.

Plaintiff sued to recover $1,440, due on a promissory note, and to foreclose a real estate and a chattel mortgage given to secure payment of the note. In the amended answer the execution and delivery of the note were admitted; but payment thereof, by the execution and delivery of a subsequent note, was pleaded. In the cross-petition the defendants pleaded that the first note given (the one sued on by plaintiff) did…