Irwin v. Holbrook

The opinion of the court was delivered by

Hadley, J.

The material facts alleged in the amended complaint in this cause are that on the 21st day of February, 1885, and for some time prior thereto, the appellant was the owner of certain real estate in Whitman county, which was then covered by a mortgage to one Plimpton to secure a note for $300, with accrued interest. At the same time the appellant was indebted to the First Rational Bank of Colfax on a promissory note for $750 and accrued interest. At the time of the execution of the last named note respondent signed it as surety for appellant.…