Trussell v. Land

This is a suit to foreclose a mortgage by ordinary process. It is alleged that the indebtedness secured by the mortgage is evidenced by two promissory notes for the sums of $303 and $330, subject to certain admitted credits. The notes as described in the petition and filed therewith are not clearly identified by the description in the act of mortgage.

The defendant C. H. Land, the mortgagor, assuming the position that the notes sued on were not those secured by the mortgage, filed a motion to produce the notes actually described in the instrument. On September 8, 1928, the motion was tried and…