Rogers v. Winchester Building & Savings Ass'n

MONTGOMERY, Judge.

The principal question on this appeal concerns the liability of appellant as surety for her husband, Allen Rogers, on a note secured by a real estate mortgage held by appellee.

Appellant and her husband, in 1953, executed their note to appellee for $5,250 and simultaneously executed and delivered to appellee a mortgage on a house and lot in Winchester to secure the payment of the note. The title to the property was held by appellant.

When the note became delinquent, ap-pellee filed this action against appellant and her husband, seeking a judgment for the unpaid balance due on…