Benson v. Adams

BISHOP," J.

This is a suit by James R. Adams, defendant in error, against Roy H. Benson and wife, plaintiffs in error, to recover the balance due on a promissory note executed by Benson to him, and to foreclose a mortgage on personal property given to secure payment thereof. Plaintiffs in error in their answer denied under oath that Benson executed the note sued on, and alleged that said note had been mutilated and materially altered fraudulently by Adams after it was executed and delivered, in that the place of payment as stated in said note, to wit, “at Plano,” had been erased, and that…