Ralston v. Marget

Plaintiff, who is appellant, filed petition to foreclose a real estate mortgage. Defendants denied that they owed the note which the mortgage was given to secure, alleging that it was voluntarily canceled, satisfied, forgiven, and destroyed by the payee, Lillian I. Marget. Trial court found generally for the defendants, and ordered said mortgage released of record. Plaintiff appeals, and alleges that the findings and judgment are not sustained by the evidence.

■ The petition shows that the defendants, Lee W. Marget and his wife ^Nellie, gave a promissory note for $4,000 to Lillian I. Market,…