Crosthwait v. Misener
Crosthwait v. Misener
Opinion of the Court
delivered the opinion op the court.
We are of opinion that the ownership of the note sued on is sufficiently averred by the appellee. He charges that the note was executed to his testator; and, although he says the note was discounted in bank, he alleges that it is still his note, and exhibits it in his action. This court has often held that possession of á note is prima facie evidence of ownership, and appellee exhibits the note and claims it as his; that claim and possession will be respected till his title to the note is denied by the pleadings of his adversary.
We are also of opinion that the court correctly adjudged the debt to bear ten per cent interest till paid. The appellants promised the appellee’s testator to pay the principal of the debt “ with interest at the rate of ten per cent per annum from date until paid.”
On a coercive sale of appellants’ mortgaged property in pay
Case-law data current through December 31, 2025. Source: CourtListener bulk data.