Diehl v. Davis

The opinion of the court was delivered by

Burch, J.:

The suit in the distriejwcourt was brought to obtain a personal judgment on promissory note to the plaintiff signed by E. P. Diehl and Emma Diehl, and to foreclose a real-estate mortgage given by the makers of the note to secure its payment. The Diehls are husband and wife, and the mortgaged land belongs to Mrs. Diehl. Mrs. Diehl answered that she was only a surety for her husband; that the time for the payment of her husband’s obligation had been extended by a contract in writing concluded and indorsed on the note without her knowledge or…