Gilchrist v. Johnson

ANDERSON, C. J. We agree with the chancery court that while it may be conceded that Poteet was the agent of Mrs. Johnson and had authority-to bind her by receiving payments on the mortgage indebtedness, tlie credit to Gilchrist for which a receipt was given in the first part of 1910 of $100 was not such a payment of the mortgage debt as would be binding on the mortgagee. It is evident that the consideration for the receipt was not such a payment in money as would be binding upon Mrs. Johnson, the mortgagee, but arose from a settlement of individual matters between Poteet and Gilchrist, and that the only money that passed between them was a few dollars for the purpose of striking a proper balance between the parties. The decree of the chancery court is affirmed. Affirmed. McCLELLAN, SAYRE, and GARDNER, JJ., concur.