Thomas v. Arthurs

The opinion of the court was delivered by

McElroy, J.:

This action was brought by Arthurs and Henderson, the defendants in error, as administrators of the estate of Richard Arthurs, deceased, for the recovery of $1800, with interest, and to foreclose a real-estate mortgage. The defendant filed an answer admitting the representative capacity of plaintiffs and the execution- and delivery of the note and mortgage ; *127and alleging that Richard Arthurs in- his lifetime appointed one Thomas M. Carroll his agent to loan money upon real estate and to collect both principal and interest; that the agency…