Smith v. Haynes

This is an appeal by the Executrix of the Estate of a deceased mortgagee from a final judgment rendered in favor of the mortgagors and ordering satisfaction of the mortgage. We affirm.

According to the appellant-executrix, the issue in the trial court was whether the mortgagors' testimony was admissible to show full payment of the balance of the mortgage debt to the mortgagee-decedent. Appellant's contention on this appeal is that allowing the mortgagors to testify that the note and mortgage were paid contravened the provisions of the "Dead Man's Statute," § 12-21-163, Code 1975 [Title 7, §…