Smith v. Smith

The bill herein was filed to foreclose a real estate mortgage for $3,000, given by defendants to plaintiff in 1923. Defendant Ruth Smith appeared and asserted that $1,500 was paid on the mortgage December 18, 1926, and produced an alleged receipt to such effect, which she claimed to have found among her husband’s papers after their separation. Whether such a payment was made was the issue in the circuit court. The circuit judge .was unable to adjudge that the alleged payment was made, and defendant Ruth Smith reviews by appeal.

At the time the mortgage was given, defendants were husband and…