Gilmore v. Morris

The petition states that the plaiutiff is administrator of the estate of Richard Wommack, deceased, and that the defendant executed and delivered to said Wommack, in his lifetime, a promissory note for $576.64, together with a deed of trust conveying certain lands to secure the payment thereof. Judgment is sought for the amount due on the promissory note, and for a foreclosure of the deed of trust. The plaintiff obtained judgment, as prayed for.

The answer was a general denial. No attempt was made to prove that the plaintiff was administrator of Wommack’s estate. The court’s attention to this…