Main v. Ginthert

On the 29th day of July, 1876, Philip Ginthert executed his promissory note to Jacob Ginthert for the sum of $3,000, payable five years after date, without relief^ and with eight per cent, interest from date until paid.

On the same day the said Philip Ginthert and his wife, Eliza Ginthert, executed a mortgage on several tracts of land in Harrison county, to the said Jacob Ginthert, to secure the payment of this note, the mortgage containing an express stipulation that such was the purpose of its execution. To this stipulation, however, was added the words: “ The above obligation is given to…