Schelling v. Thomas

LUCAS, J., pro tem.

This is an appeal taken by defendant and cross-complainant L. J. Conley from a judgment and decree of foreclosure and sale in favor of plaintiff and respondent W. J. Schelling and defendant and cross-complainant E. N. Tooby.

The facts are that on September 22, 1922, respondent Schelling signed, as an accommodation maker, a $1,000 promissory note with defendant Rexford Thomas, thereby enabling the latter to borrow $1,000 from the First National Bank of Eureka. On the same date Rexford Thomas executed and delivered to respondent the following instrument:

"I hereby agree to turn…