Dudley v. Whatley

On Rehearing.

SIMPSON, Judge.

Appellant now contends that the- rejected evidence regarding the overpayment of certain sums of money to plaintiff’s intestate purposed to show that the mortgage and rent debts were co-existent, that he was liquidating both, serially, by the payments, proof of which he attempted to offer; and which proof (excluded) would have shown that, in making payments on these debts, he had paid in excess of both. But the record clearly discloses otherwise.

Intention to pay and receive as payment is essential to constitute payment. A debt is not paid unless by mutual intention…