Vana v. Elkins

OPINION

KRUCKER, Judge.

Appellant is a daughter by a prior marriage of appellee’s deceased wife. After her mother’s death in 1972, appellant sought to collect from appellee the sums due on twelve promissory notes executed by him during his wife’s lifetime. These notes evidenced loans made to appellee out of his wife’s sole and separate property. In 1967, appellant’s mother made a gift of these notes to appellant and in 1969 endorsed them over to her.

Appellant, as holder and owner of the promissory notes, commenced this action on September 18, 1972, against appellee, maker of the notes. Appellee…