Smoot v. Anthony

This action was instituted on December 30, 1940, by the defendant in error, hereinafter referred to 'as plaintiff, against the plaintiff in error, hereinafter referred to as defendant, to recover on a promissory note which had been secured by a real estate mortgage the lien of which was waived.

The plaintiff in error in his petition alleged, in substance, that the note had been executed on February 21, 1927, and secured by a real estate mortgage, that defendant had paid the interest at intervals on said note until February 21, 1931, and that in 1932 had done some work for plaintiff which…