Ficklin v. Nickles

Opinion of the Court by

Judge Bratcher

Reversing.

On the 16th day of March, 1928, the appellant, J. B. Ficklin, filed an equitable petition in the Perry circuit court seeking to recover the sum of $500 on a note executed and delivered to him by Boyd Nickles and Polly Ann Nickles, his wife; this note being secured by mortgage on real property located in Perry county, the individual property of Polly Ann Nickles, the wife.

The note upon which this action is based, and the mortgage securing it, have been lost. It is affirmatively stated in the petition that the note was lost without fraud or…