Tusha v. Eberhart

On or about March 1, 1919, A. C. and Nellie Scott, husband and wife, executed to the plaintiff-appellee, R. E. Tusha, or to his assignor, two promissory notes for $8,875 each. To secure these notes, the Scotts, on the same date, executed to the appellee, or to his assignor, a mortgage on certain farm lands in Madison county.

Thereafter, on May 15, 1920, the Scotts sold the land to the defendants-appellants, Enos K. Eberhart and Maude K. Eberhart, who assumed and agreed to pay the mortgage indebtedness. The notes were not paid when due, and accordingly the appellee, on November 15, 1933,…