MARSHALL, Justice.
In 1973, plaintiff-appellant Cook executed to defendant-appellee Commercial Credit Plan, Inc. ("Commercial") a $5,880 note and a deed to secure debt. He defaulted on the note, and, as of February 15, 1978, there was a balance owing of $1,749.39. No payments were made after May 11, 1977.
In 1975, defendant-appellee Farmers & Merchants Bank ("bank") obtained an ex delicto judgment against Cook in the amount of $6,589.87. The bank paid...
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