SMITH, Judge.
The appellant was plaintiff in a mortgage foreclosure action against the appellees in which the court, by final decree, directed that the plaintiff's mortgage be cancelled and the cause dismissed.
Plaintiff, Thaddeus Myrl Kitchens, loaned his brother, Donald S. Kitchens, various sums of money at various times, the last being during the early part of 1953. The loans were made upon a verbal promise to repay. In April, 1958, Donald and his wife...
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