Athans v. Jones

BOYD, Justice.

Appellant James Athans appeals from a judgment dismissing as prematurely brought .his suit for debt and foreclosure of a chattel mortgage lien.

In April, 1952, appellees Harlan Ray Jones and Paul Finley 'bought a cleaning and pressing business from Jack A. Hoote. They assumed Hoote’s note payable to Riverside State Bank for $2,631.79, payable in monthly installments of $126.14, including interest, and executed to Hoote’s order a note for $5,815.21, with interest at seven per cent, payable in monthly installments of $58.15 “until the full balance is paid upon the note owing to the…