McGee v. Kirby

This is an action by the plaintiff, W. E. Kirby, against the defendants, X. X. McGee and his wife, Lillie McGee, to recover the balance due on a note executed by the defendants to the Wetumka Building & Loan Association and to foreclose a real property mortgage executed as security to the note. From a judgment for the plaintiff, defendants appeal.

On December 15, 1926, defendants borrowed $5,000 from the association. They executed their promissory note for $5,000, payable to said association, wherein they agreed to pay $66.66 each and every month, $25 of which as dues on 50 shares of the…