Turpin v. Dye

Appellant instituted this action against appellees to recover upon a promissory note and foreclose a mortgage upon certain real estate. The complaint was in one paragraph, to which the appellees filed their answer in four paragraphs: (1) General denial; (2) payment; (3) estoppel; (4) that appellees became the owners and holders of the note in question in due course, for value, and without notice. A reply in general denial to the second, third, and fourth paragraphs of answer closed the issues. There was a trial by the court resulting in a finding and judgment for appellees. Appellant, in due…