Sayres v. Linkhart

Sayres, the appellant, sued JLAnkhart on a-promissory note executed by the latter to Elizabeth Burk, *146and by her assigned to the plaintiff. The note was secured by a mortgage on real estate, executed by Linkhart and his wife Eleanor. Other notes were also executed at the same time as the one in suit, and'secured by the same mortgage, the holders of which are made parties defendant.

Linkhart answered, claiming a set-off for the amount of two promissory notes executed by said Elizabeth Bark, and assigned to him, and a tender and payment into court of the residue of the note sued on.

The court…