Bowers v. Van Winkle

—This action was brought by the appellant against the appellee and her husband, Robert R. Van Winkle, upon a note and mortgage, for the purpose of obtaining a judgment on the note against the husband, and a foreclosure of the mortgage as to both defendants.

*433The husband made no appearance and was defaulted, and judgment was taken against him for the amount of the note. The appellee, Mrs. Van Winkle, appeared and answered as follows:

“ Delila Van Winkle, defendant herein, for separate answer to plaintiff’s complaint, says that the note sued on was executed and given for a debt then owing by her…