Stewart v. Smith

The question presented to the trial court for decision was as to the amount due upon a note and mortgage executed by the appellant, so that the only evidence relevant or material was such as tended to show payment of the note or to prove items of set-off. It is, therefore, clear that no error was committed in rejecting testimony that the appellee stated that the appellant had paid him the cash payment *527which, had been agreed upon as part of the purchase price of the land on which the mortgage was executed. Where the issue joined upon a complaint to foreclose a mortgage, executed to secure the…