Byers v. First State Bank

Opinion op the Court by

Judge Nunn

Affirming.

This is a suit by the appellee bank to collect a $1,000 note executed by appellant, L. Byers, and her husband, G. W. Byers; also to enforce a real estate mortgage simultaneously executed to secure its payment.

Appellant traversed all the allegations of the petition, being in effect a plea of non est factum. There was also an affirmative plea that' the mortgaged property belonged to the wife in her own right, and not only had she never signed or acknowledged the note, or the mortgage, but that she had never authorized anybody to sign same for her.…