American National Bank v. Hensley

The plaintiff in error, as plaintiff in the trial court, brought its action against T. W. Hensley, Fred Hensley, and Levi Hensley upon two promissory notes executed by the three Hensleys and for the foreclosure of a chattel mortgage executed at a subsequent time by the defendant Fred Hensley only, alleged to secure the payment of the two notes sued on. The notes and mortgage were attached to the petition. On demurrer to the separate parts of the petition, the trial court interpreted the mortgage, and held that it did not secure the notes sued on, and sustained a demurrer to that part of the…