Murphy v. Osborne

En. F. McFaddin, Justice.

From a decree, adjudging a foreclosure- and refusing to cancel certain instruments, appellant prosecutes this appeal'.

On November 8, 1944, the appellant, Jim Murphy, executed a note to the appellees James and John Osborne for $1,000, due October 15, 1945, and secured by a mortgage on 40 acres of land. The mortgage was duly acknowledged and recorded. On November 1, 1945, the note being past due and unpaid, the Osbornes, filed this suit for judgment and foreclosure. Murphy filed an answer and cross compaint: (1) he admitted executing the note and mortgage but claimed he…