Burks v. Williams

BARHAM, Justice.

The plaintiff brought executory proceedings seeking the balance due, with stipulated interest and attorney’s fees, on a promissory note secured by act of mortgage and vendor’s lien. The note, in the original amount of $60,000.00, was made payable to “myself”, and though signed by the defendant, was never endorsed. The proceeding was turned into an ordinary suit when the trial court held that the instrument indicating the debt was not a note and that the instrument purporting to be a mortgage was not entitled to recognition as a mortgage securing that debt. The trial court,…