Ramsey v. Kitchen

Atkinson, Presiding Justice.

1. Where there is evidence to the effect that the real purpose of the note and deed to secure debt was to borrow money from defendant with which to pay the debt of the husband, and that the wife signed and executed the note and deed to secure debt as surety with notice on the part of the lender, the wife is entitled to submit such issue to the jury. Braswell v. Federal Land Bank, 165 Ga. 123 (5) (139 S. E. 861); Magid v. Beaver, 185 Ga. 669 (196 S. E. 422).

2. In the instant case there is no contest between the plaintiff who claimed the building, and the Southern…