Kusler v. Crofoot

Franklin, C.

Appellee brought suit on three promissory-notes executed to him by one Frank Kusler, Jr., as principal, and the other appellants as sureties, and to foreclose a mortgage executed by appellants Frank Kusler, Sr., and wife, to secure the payment of the notes.

The defendants answered jointly, in five paragraphs; the 2d, 3d and 4th were separately demurred to, and demurrers sustained. The defendants Frank Kusler, Sr., and wife, answered separately by a special non eslfaotum, that the mortgage was never delivered. Issues were formed, trial by the court, finding and judgment for appellee.