Hoth v. Scholz

The opinion of the court was delivered by

Marshall, J.:

Charlotte Hoth died intestate in 1920. Her only heirs were her children, Henry Hoth and Minnie C. Scholz, the wife of the defendant, S. G. Scholz. Minnie C. Scholz died intestate in July, 1921, leaving as her only heir her husband, S. G. Scholz. In May, 1916, S. G. Scholz and Minnie C. Scholz executed a note for $7,621, payable to Charlotte Hoth. That note was secured by a mortgage on real estate owned by S. G. Scholz and Minnie C. Scholz. The plaintiff, as administrator of the estate of Charlotte Hoth, commenced this action against S. G.…