Lindon v. Potter

Opinion of the Court by

Chief Justice Sims

— Affirming.

By this action appellant, Elvin Lindon, sought to recover from appellee, Nancy Potter, the sum of $1,100 represented by a note she executed to him in that sum on May 11, 1946, payable in monthly installments of $100, and secured by a mortgage on a * Dodge truck. Mrs. Potter admitted executing the note and mortgage but pleaded she was not indebted to Lindon in any sum; that the note and mortgage were executed without consideration, were obtained from her by fraud and are void.

Due to the crowded condition of the docket of the Perry Circuit…