Eberley v. First National Bank of Stanton

’ GRISSOM, Chief Justice.

' The Bank sued the Eberleys on a note for $81,000, dated April 29, 1952, and to foreclose a deed of trust lien on two and one-half sections of land. In a second count the Bank alleged that Mr. Eberley had denied ■execution of the note and deed of trust and, in the event he was not bound on said note and deed of trust, that, on July 18, 1952, the Eberleys” owed the Bank $81,000 for money, loaned them and the Bank, acting through its president, Jim Tom, prepared said $81,000 note and deed of trust; that Mrs. Eberley represented to Mr. Tom that she would take said note…