De Hymel v. Scottish-American Mortgage Co.

STAYTON, Chief Justice.

Appellees brought this action against appellants, who are husband and wife, and against M. F. and J. P. Rice to recover the sum due on two promissory notes which the latter had executed to appellants to secure a part of the purchase money for a tract of land which they had conveyed by deed with general warranty; which, however, reserved a lien on the land to secure balance of purchase money. Appellants indorsed the notes of M. F. and J. P. Rice to appellees.

The land for which the notes were given may have been the separate property of Mrs. De Hymel, and at some time…