Martin v. Martin

OPINION

SANDERS, Presiding Judge,

Eastern Section.

The Defendants have appealed from a chancery decree awarding judgment for the unpaid balance of a promissory note, which Plaintiff says was marked “paid” by inadvertence or mistake, but which Defendants say they paid in full.

In March 1980 the Defendants-Appellants Robert R. Martin and wife, Barbara K. Martin, executed a negotiable promissory note to Southern Industrial Banking Corporation [SIBC] for the principal sum of $122,562.21. The note was payable at the rate of $1,048.00 per month. The note was secured by a Deed of Trust on real estate…