Stults v. Gibler

John Gibler brought this action against William H. Baker and appellants to foreclose a mortgage and recover judgment for the indebtedness secured thereby. All the appellants except Stults, administrator, were heirs at law of Martha Slusser, *502the sole maker of the notes secured by said mortgage, which was executed by her and her husband upon her separate real estate.

This appeal is governed by the provisions of the civil code, and not by the provisions of the act concerning the settlement of decedents’ estates, being sections 2609-2612, Burns’ R. S. 1894 (2454-2457, R. S. 1881).

As the record…