Kiehne v. Wessell

— This action is brought to recover a balance due on a promissory note, executed by the defendant on January 1,1888, and payable to the plaintiff’s testator. The note was secured by deed of trust, and the balance sued for is the residue after exhausting the security. The defense interposed by Henry Wessell, as guardian of the person and estate of the defendant, was that at the date of the execution of said note the defendant was a person of unsound mind and incapable of managing his own affairs, and not of sufficient strength of mind to transact his ordinary business. The court, upon the…