Johnson v. Gates

*361The opinion of the court was delivered by

Smith, J.:

This was an action upon a promissory note. Judg.ment was for plaintiff. Defendant appeals.

Plaintiff alleged the execution of the note, that it was due and unpaid, and prayed judgment. Defendant answered and filed an answer and cross petition, admitting the execution of the note by himself and wife, and that it was past due and unpaid. He further alleged that at the time the note was executed he and his wife executed and delivered to plaintiff a mortgage on certain real estate, and that the mortgage was given to secure payment of the note sued…