Landess v. State Ex Rel. Commissioners of the Land Office

WILLIAMS, Justice.

This appeal presents two questions, primarily, of law. The issues relate to (a), the legally proper method of crediting payments that were made by the judgment debtor after rendition of the judgment; and (2), the liability of the judgment debtor, or his estate, to pay interest after making a formal tender of payment.

For an understanding of the issues we must advert chronologically to events out of which the present controversy arises. Henry W. Hilgenberg and wife, on January 15, 1929, gave their promissory note in the amount of $3,000,000, payable 5 years from date, with…