Merrick v. Stephens

RUARK, Judge.

This is an appeal by an unsuccessful plaintiff from a judgment entered September 16, 1959, which judgment denied to plaintiff recovery for payments theretofore made on a mortgage deed of trust and which, on defendant’s counterclaim, found plaintiff indebted to the defendant on such mortgage and decreed foreclosure of the lien of the same, with the further provision that if the real estate security did not fully satisfy the indebtedness the balance be recovered by general levy.

The plaintiff-appellant, Joe D. Merrick, was a minor and did not attain his twenty-first birthday until…