Smith v. Smith

— Suit by the appellant as administrator of the estate of Catharine E. Smith, to foreclose a mortgage and to obtain judgment on the overdue notes secured thereby, executed by the appellee James H. Smith to the said Catharine when in life.

The second paragraph of answer is to the effect that on the 10th day of May, 1877, said Catharine received of the defendant John H. Smith, on said notes and mortgage, the sum of six hundred dollars and executed to him a receipt therefor, a copy of which is filed with the plea.

The third paragraph of the answer sets up, that on the 10th day of May, 1877, the…