Taylor's Administrator v. Scott

Opinion of the Court by

Judge Logan

Affirming.

Appellant filed bis petition in tbe Pike circuit court in which he alleged that appellee, Scott, executed his note to Henry Taylor prior to the death of said Taylor for $200.00, and at the same time executed a mortgage on a tract of land to secure the payment of the note. He alleges that appellee unlawfully and wrongfully had possession of the note and mortgage and for that reason he could not describe the property covered by the mortgage. His petition may be treated as a suit against Scott on the $200.00 note. 'Serious objection is made to the…