Smith v. Smith

Opinion of the Court by

Judge Carroll.

Affirming.

On July 30,1912, the appellant, J. N. Smith, executed and delivered to W. B. Smith, the appellee, two promissory notes for twenty-four hundred dolars each, due respectively in six and twelve months from date.. These notes were secured by a mortgage lien on certain real ■estate. The appellant paid several hundred dollars on these notes, and this suit was brought to collect the remainder due and to subject the mortgaged property.

The appellant, admitting the execution of the notes and mortgage, sought by way of counterclaim to purge the notes of a…