Smith v. Thomas

Plaintiff sues to foreclose a real estate mortgage executed to it by defendants on September 21, 1918, given to secure a note for $2,700, upon which plaintiff alleges the sum of $2,365.95 is unpaid. From decree of foreclosure as prayed by plaintiff, the defendants appeal.

It is contended by appellants that the evidence shows the note in question to have been fully paid, claiming that certain payments made by them should have been applied upon the indebtedness represented by the note in question; and also urging that notes later given by them to plaintiff for this and other indebtedness were…