Payne v. Miller

This dissent stems from what are regarded as the controlling facts developed at the trial, which may be thus, in material substance, stated:

The note sued upon here is dated November 14, 1934; more than three months after this date, the appellee, by instrument dated February 25, 1935, assigned to the Federal Land Bank the unpaid balance of $1,926.54, on an original mechanic’s lien recorded November 26, 1934. This assignment is partly typed and partly printed, and contains the following provisions:

“* * * does bargain, sell ⅜ * * and assign * * * the unpaid balance of $1926.54 principal and…