Whether the original notes were paid and discharged by the new notes, or whether the new notes were merely renewals of the original notes, depends upon the intention of the parties. 8 C. J., 572; Taylorv. Bank, 190 N.C. 175; Bank v. Hall, 174 N.C. 476. The fact that the old notes were marked "paid," and surrendered to the maker, is not conclusive. The burden was upon plaintiffs to show the date of the payment of the amount for which they seek contribution.
Thayer v. Halterman, 10 S.W.2d 663. (3) The surrender of the deeds by Mrs. Smith to the Okeechobee Company as an extinguishment of the debt and its retention of same is sufficient in law to operate as an accord and satisfaction of the alleged debt herein sued on. Denver Joint Stock Land Bank v. Sherman, 236 Mo. App. 191, 152 S.W.2d 702. Randolph v. Moberly Hunting Fishing Club, 321 Mo. 955, 15 S.W.2d 834. 31 C.J.S. 236, Par. 659. 1 R.C.L. 184, Par. 14. 1 R.C.L. 187, Par. 18. (4) The return of the deeds and the retention of same by Okeechobee, as constituting an acceptance and release of the mortgages and notes, presents a question of fact for a jury. Stark v. Sherf, 207 S.W. 863. Lee v. Mitcham, 98 F.2d 298, 300. Griffith v. Creighton, 61 Mo. App. 1. Taylor v. Snowhill First Natl. Bk., 190 N.C. 175, 129 S.E. 405. Citizens State Bk. v. Straughn, 118 Kan. 482, 236 P. 119. (5) The satisfaction or discharge of a mortgage may be presumed from a very great lapse of time without proceedings to enforce it. 41 C.J. 790, 805, Par. 940, 941. (6) The court erred in refusing to render judgment for the defendant on the pleadings, and particularly in failing and refusing to render judgment for the defendant on the question of this action being barred by the Florida statute of limitations, which limits the right of action on contracts not under seal to five years. Christner v. C., R.I. P., 228 Mo. App. 220, 64 S.W.2d 752. Farthing v. Sams, 296 Mo. 442, 247 S.W. 111. Alropa Corp. v. Kirchwehm, 138 Ohio St. 30, 33 N.E.2d 655. Payne v. Kirchwehm, 141 Ohio St. 384, 48 N.E.2d 224. Alropa Corp. v. Kirchwehm, 36 N.E.2d 511.