Spradlin v. American Travelers Insurance Company

BLACKBIRD, Vice Chief Justice.

Defendant in error, hereinafter referred to as plaintiff, commenced this action against plaintiff in error, hereinafter referred to as defendant (and others not parties to this appeal, and unnecessary to name), seeking a money judgment on a promissory note, dated October 8, 1956, in the amount of $3,-500, and foreclosure of a real estate mortgage, dated July 28, 1955, allegedly securing it, both of which were executed by said defendant.

Plaintiff’s petition alleged that the note sued upon was executed and delivered to evidence the same debt as an earlier note…