Turner v. Turner

Hayne, C.

— This was a suit to foreclose a vendor’s lien to secure the amount of six promissory notes. One of the defenses was, that the notes had been paid; and the trial court found this to be the fact. The counsel for the appellant contend that this finding is not supported by the evidence. But we think that the evidence must be held to be sufficient to support it.

The notes were made by one J. T. Turner to his brother Robert Turner, whose administrator is the plaintiff here. Both brothers were dead before the suit was commenced; and there was no direct evidence for or against the payment.…