Farmers Merchants Bank of Ashville v. Jones

BROWN, Justice.

This appeal is prosecuted by the defendant from the final decree entered on the verdict of a jury rendered on the trial of an issue out of chancery in two cases— bills filed under the statute to quiet title to land — consolidated by consent of the parties, and tried as one.

The defendant in its answer to the bill first filed, Case No. 526, asserted that it had a mortgage on a part of the land executed by three of the complainants to the defendant in August, 1934, for $650, on which payments had been made, leaving a balance due and unpaid.

In the Case No. 527, it asserted that it…