Hall Building Corp. v. Edwards

Prentis, P.,

delivered the opinion of the court.

Proceeding under Code, section 6456, the plaintiff in error, the grantee of Edward Hall, sought to have a deed of trust on land,, given to secure $8,000.00, released, and gave notice to J. H. Edwards, the creditor, alleging that the debt “had been paid in full, which debt is evidenced by note that you now have and hold.”

The questions of law and fact were submitted to the trial court judge, who apparently found as a fact that the debt' had not been paid, for he dismissed the plaintiff’s motion and awarded costs to the defendant. So the question is…