Planters' Bank v. Houser

Jackson, Judge.

The bank sued Houser, as indorser, on two notes amounting to more than $10,000 00. Houser pleaded that at the same time that he indorsed the notes the principal debtor gave a mortgage on a large amount of property to the bank, and that the bank agreed in writing, in consideration of his, Houser’s, indorsing the notes, to exhaust all their remedy on the mortgage “befor.e proceeding against Houser;” yet, that they had sued him and had not exhausted their remedy against the *141mortgaged property, or proceeded against it at all to condemnation. It was admitted that this was so. The…