Callebs v. Smith

Opinion op the Court by

Judge Perry

Affirming.

This appeal is from a judgment of the Knox circuit court in favor of the appellee, Joe Smith, rendered in an action brought by him as the assignee and owner of-a note, executed by appellants,. John S. Callebs and wife, to C. C. Smith and W. B. Riley and secured in its payment by their mortgage upon certain of their lands.

The record discloses that the parties have here joined issue upon a multiplicity of pleadings, presenting many collateral questions indirectly involved, but out of this resulting confusion so caused, we may summarize the material…