Hemrich v. Wist

This was an action upon a promissory-note, joint and several, executed by Phillip Wist and Katharine Wist, husband and wife. The husband died *517and an administrator of Ms and the commumty estate was appointed. The claim upon the note was presented to the administrator and payment was refused in consequence of its not having been presented within the time prescribed by the statute. A mortgage had also been given by said parties to secure the note. This action was thereafter brought against the wife upon the note; the answer set up the foregoing facts and alleged a parol understanding to the…