Court of Appeals of Kentucky (pre-1976) May 29, 1928 (McGuire v. Cope)

*523

Opinion op the Court by

Commissioner Hobson—

Affirming.

On January 19,1925, the Hargis Commercial Bank & Trust Company filed an action in equity in the Breathitt circuit court against Kelly McGuire, and Lillie McGuire, his wife, seeking to recover on a promissory note for $265; also a note for $85 and to foreclose a mortgage on a tract of land as the property of Kelly McGuire given by them