Spratt Building & Loan Ass'n v. Roper

The opinion of the Court was delivered by

Mr. Justice Stabeer.

This is an action for recovery on three promissory notes given to the plaintiff by the defendant J. C. Roper, Sr., and foreclosure of real estate mortgages securing them. The defendant entered a general denial; and also set up a counterclaim, alleging that some time after the execution of the notes and mortgages, and prior to the institution of the action, plaintiff and defendant entered into a contract whereby the former agreed to accept from the latter a deed of the premises covered by the mortgage, or to “reorganize” the…