Gilmore Portland Cement Corp. v. Leinard

This is an action to reform and foreclose a mortgage. The trial court found for defendants and plaintiff appealed.

At the trial no evidence appears to have been offered on the question of reformation of the mortgage and we shall not discuss that question.

The facts are substantially as follows: The defendants, M. C. Leinard and Mary M. Leinard are husband and wife and defendant Pruitt is their son-in-law. The Leinards executed a promissory note for $4000 payable to J. J. Pruitt but not to his order so the note was not a negotiable instrument. This note was secured by a mort gage on certain land…