California Supreme Court December 7, 1901, S.F. No. 1884. (Fender v. Robinson)

HENSHAW, J.

In an action to foreclose a mortgage, defendants contended that, upon a certain date, there had been paid to the mortgagee the sum of one thousand dollars upon account of the mortgage. The mortgagee insisted that but one hundred dollars had been paid. A jury was called in to pass upon this special issue.