Bennett v. Bottoms

J. C. Pirkle, at the time of his death, was the owner of a mortgage note which was payable to himself “or bearer.” and signed by C. H. Bennett, the plaintiff in error. The mortgage given to secure payment of the note was on Bennett’s automobile. There was no administration of Pirkle’s estate. After his death all of his heirs at law, each being twenty-one years of age, or .older, divided the assets of the estate, 'and Pirkle’s daughter. Mable Bottoms, defendant in error, received the mortgage note in question as part of her share of the estate. She foreclosed the mortgage note in a justice’s…