Salyer v. Salyer

Opinion op the Court by

Judge Latimer

-Reversing.

The issue here is whether the court below should have vacated a judgment.

On September 2, 1921, Green Salyer executed and delivered to K. N. Salyer his promissory note in the sum of $500, due 12 months after date, and, to secure the payment of same, he and his wife, Phoebe Salyer, executed and delivered a mortgage on certain described land lying in Magoffin County. This action was brought in the Magoffin Circuit Court on August 27, 1936, seeking judgment and foreclosure. The cause was passed from term to term and finally on December 30, 1940, the…