Wilber v. Buchanan

Franklin, C.

This action was brought by the appellant to collect three notes given to the decedent in his lifetime, and to foreclose a mortgage given to secure their payment with other notes, two of which were paid before the death of the testator. The last two notes secured by the mortgage had been delivered by the former administrator to the surviving widow, Annetta Buchanan (now Hays), under the provisions of the decedent’s will. The widow, on her application, was made a party to the action to foreclose the mortgage.

The defendants William S. Buchanan and wife answered in two paragraphs:

1st.…