Fite v. Thweatt

The plaintiff held two notes against the defendant, secured by security deed to a farm and to a ginnery. These properties were sold under a power of sale, and the proceeds applied on the notes. This is a suit for the combined deficiencies in the proceeds of the sale. The defendant filed an answer, which, as amended, set up three grounds of defense: 1. That certain payments had been made on the note, for which no credit had been given. The plaintiff, by amendment, allowed all the credits claimed, and therefore this ground of defense became eliminated. 2. That the suit was brought prematurely,…