Mowbray & Robinson Lumber Co. v. Reynolds

Opinion op the Court by

Drury, Commissioner—

Affirming.

The appellant (hereinafter referred to as the lumber company) sued Elihu Reynolds et al. (hereinafter refer- ' red to as Reynolds Bros.) upon two notes aggregating $1,250 secured by a mortgage. The trial resulted in the lumber company’s petition being dismissed, and upon their counterclaim Reynolds Bros, recovered a judgment against it for $800. Reynolds Bros, admitted the execution of the notes and mortgages in the first paragraph of their answer, and pleaded payment. In a second paragraph they pleaded this payment was made in and by a…