Hall v. Bank South, Washington County

McMurray, Presiding Judge.

Bank South, Washington County (plaintiff) brought an action against Johnnie W. Hall, Sr. (defendant) seeking to recover a deficiency judgment allegedly due to plaintiff by defendant under a promissory note which was secured by a parcel of real property owned by defendant. Defendant answered and admitted that he executed a promissory note and security instrument in favor of plaintiff, but denied liability to plaintiff for a deficiency under the promissory note, asserting, in general, the affirmative defenses of novation and accord and satisfaction.

Upon plaintiff’s…