Smith v. Davis

Opinion by

Mr. Justice Teller.

*129Plaintiffs in error were makers of a promissory note to the order of defendant in error, which they secured by a deed of trust on a tract of land.

Before the maturity of the note they conveyed the land to one Ruck who assumed the note. One Webb, a real estate agent and friend of Davis, took some part in the making of the loan, being brought into the transaction by Davis, and subsequently assumed to act as the agent of defendant in error.

The note not having been paid, the defendant in error brought suit against the makers of it, and Ruck, as well as several other…