Dozier v. . Leary

The only question for decision is whether the trial court erroneously dismissed the action as in case of nonsuit.

On 20 December, 1923, D. R. Leary and ~W. T. Leary, with the joinder of their wives, executed and delivered to Alfred Y. Everett and his wife, Zillia Everett, a mortgage on certain real estate to secure two notes amounting to $2,150, one of which was payable 1 January, 1926, and the other 1' January, 1927. Bearing even date is another mortgage on this land which the same mortgagors executed to J. E. Owens and his wife to secure a note for $850 maturing on the first day of January,…