Smith v. Mills

The pleadings of the parties are in accord that the transaction was a sale of the note and mortgage by appellant to respondent in consideration of her promise to pay therefor the sum of $5,032.

The complaint alleges:

‘ ‘ That on the 15th day of February, 1922, the plaintiff sold, assigned and transferred said promissory note by an endorsement thereof to the defendant, and at the same time the plaintiff made an assignment to the defendant of said mortgage for the consideration of five thousand and thirty-two ($5032.00) dollars, and which sum the defendant agreed to pay the plaintiff for said…