Sauls v. Hand

BOULDIN, Jiistice.

Appellee sued appellant in detinue to recover possession of an original real estate mortgage executed to plaintiff by defendant. Admittedly, the document was in the possession of defendant when suit brought.

Defendant claimed he had paid the mortgage debt; that, thereupon the mortgage was indorsed paid in full by plaintiff, and surrendered to defendant.

Plaintiff claimed the mortgage debt, and no part of it, had been paid; that possession of the instrument had been obtained by defendant without plaintiff’s knowledge or consent, and the indorsements of satisfaction, three of…