Mann v. Etchells

On Petition for Rehearing

Chapman, J.

On petition for rehearing it is contended that plea number 2 of the defendant filed March 10, 1936, and the replication of the plaintiff thereto filed on March 30, 1936, viz:—

“2. For a further plea this defendant says, that it is true that he executed the note mentioned along with his wife, Marilla G. Etchells, and agreed to pay the sum of money mentioned therein, but that in order to secure the payment thereof, he, together with his wife, executed and delivered to the plaintiff a mortgage securing the payment of the indebtedness evidenced by said note,…