Weigel v. Weigel

*198OPINION

By BARNES, PJ.

By agreement of counsel the same evidence, in transcribed form, was submitted in this court as in the court below. The witnesses were very • few in number. and the evidence of each very short. We might say at this time that none of us have ever previously been confronted with this question. It is very unusual to seek personal judgment on any phraseology in the mortgage where the party has not signed the note.

It is the general theory of a note and mortgage that the note is evidence of the debt and the mortgage security for its payment. The primary purpose of the mortgage…