Warey v. Forst

Bicknell, C. C.

The appellee brought this suit against the appellant to cancel her note and mortgage held by him.

The complaint alleged that the plaintiff’s husband owed the defendant $2,122, and that she, without any consideration, at the request of the defendant, and as surety of her husband, joined her husband in executing said note, and to secure the payment thereof joined her husband in executing said mortgage upon her own separate land.

' The cause was tried by the court upon the complaint and the'geheral denial. The court, at the request of the plaintiff, found the facts specially, in…