Westerfield v. Spencer

In this action, the appellee, as plaintiff, sued the appellant and others, as defendants, upon a note and mortgage executed by the appellant to one Jacob W. Spencer.

In her complaint the appellee alleged, in substance,, that the appellant, on the 23d day of December, 1869, by his note, promised to pay Jacob W. Spencer one thousand dollars, which remained unpaid; that on the same day the-appellant executed a mortgage conveying to said Jacob W.. Spencer the real estate therein described, as security for the-payment of the debt evidenced by said note, copies of which note and mortgage were filed…