Chapman v. Portwood

A husband and wife jointly executed a promissory note for $1400, which contained a clause mortgaging certain land. The note was a substitute for former notes given for money borrowed by the husband from the mortgagee. The husband, prior to the date of the mortgage, had conveyed the land to the wife. An equitable suit was instituted upon the paper against the husband and wife, seeking a general judgment and to have it declared a special lien upon the land. The wife alone filed answer. A verdict was returned for the plaintiff. The judge granted a new trial. The plaintiff excepted. The judgment…