Farmers' Bank of Fountain Run v. Hagan

Opinion of the Court by

Creal, Commissioner —

Affirming.

On October 24, 1924, J. S. Hagan and Jennie P. Hagan executed and delivered to the Farmers’ Bank of Fountain Run a note for $2,500 bearing interest from date and, to secure the payment thereof, executed and delivered to the bank a mortgage on two small tracts of land containing 2.7 acres improved with a residence and store building.

On June 21, 1927, the bank instituted this action in equity against the makers of the note, asking judgment for the amount of the note subject to credit by $500 paid January 25, 1926, and by interest paid in…