Morgan v. Wickliffe

Opinion of the court by

JUDGE HOBSON

Reversing.

Appellee filed this suit against appellant to recover on a note executed by him for $2,127.40, dated July 26, 1894, payable twelve months after date, with interest at 6 per cent, per annum from date, payable semi-annually in advance, and secured by a mortgage on a tract of land. Appellee1 also sought the foreclosure of the mortgage. Appellant filed an answer in which he alleged that on October 31, 1896, it was agreed between him and appellee, in consideration of appellant agreeing to pa}r appellee, in gold coin of the United States, of the weight…