Bastin v. Schafer

Opinion, of the court by

Pancoast, J.:

L. A. Bastin executed a certain promissory note, with Henry Schafer as surety. To secure Schafer, a mortgage was executed by Bastin and wife upon their homestead, the mortgage containing a recital to the effect that the note which the mortgage was given to secure had been signed by both husband and wife. At maturity, a renewal note was given, signed as before, and, not being paid when due, it was taken up by the surety, and this action brought to enforce the lien created by the mortgage.

The petition declared upon a note signed by Bastin and wife, and the…