28 S.D. 131 | S.D. | 1911
This is an action by the administratrix of the estate of Margaret J. Mead, deceased, to foreclose a real estate mortgage securing a promissory note for $655.65. Directly following Margaret J. Mead’s death, Frank J. Mead was appointed executor, acting as such for about two years, when he was superseded by the plaintiff as administratirix. The defendants admit having executed the note and mortgage, but allege payment to Frank J. Mead while executor. The plaintiff is defendant’s daughter. The defendants are husband and wife. Frank J. and defendant Michael F. Mead are decedent’s sons. The trial court found the note had not been paid, entered judgment accordingly, refused a new trial, and this appeal was taken. The_ plaintiff having introduced the note and mortgage, which disclosed no evidence of any payments, defendants offered evidence tending to establish their defense and the plaintiff offered evidence in rebuttal.
The judgment and order appealed from are affirmed.