Boyer v. Anderson Et Ux

SWAIM, Circuit Judge.

The plaintiff, Joseph C. Boyer, brought an action on a promissory note and to foreclose the mortgage securing it, against the defendants Walter M. Anderson and Margaret Anderson, his wife. The promissory note, executed only by Walter M. Anderson, was given to Boyer as evidence of the unpaid balance on the purchase price of a concrete block manufacturing plant which Anderson bought from Boyer. The mortgage covered both the real and personal property described therein. Both defendants executed the mortgage which, after setting out a copy of the note, contained a promise…