Eastham v. Patty & Brockington

RAINEY, Chief Justice.

This is a suit by appellant to recover on a note executed by appellees Patty & Broclcington, and to foreclose a lien on certain lands claimed by the other appellees.

The defendants plead payment. The answer in substance alleged that the land mentioned as security was sold to certain parties made parties to this suit, with the consent of appellant, and that the proceeds of such sale were to be applied to the payment of said note. That said land was sold for part cash and part notes for the deferred payments, and said cash and notes were paid to said appellant, who accepted…