Tom v. First Nat. Bank of Midland

(after stating the case as above).

Appellants in their brief suggests no reason for reversal of the judgment against the executrix.

The first of the two propositions submitted reads: “As against the rights of the other partners, a mortgage given by one partner to secure his individual indebtedness cannot be enforced even though the creditor did not *133know at the time he took the mortgage that such property belonged to the partnership, unless such partners are estopped to set up their rights; especially is this true when such mortgage was given to secure a preexisting debt of the mortgagor.”

Under…