Leath v. Hancock

The evidence in the record affords no sound basis for the finding of the trial court that the mortgage debts sought to be enforced by foreclosure are the debts of the respondent Emma D. Leath. There is nothing to show that she agreed to be bound for the payment of either of them, and the recital in the mortgage of a joint indebtedness by her and her husband is neutralized entirely by the absence of her signature ■from the notes. The mere fact that she inquired about getting a loan for her husband and herself, if she did, falls very far short of showing that she meant to bind herself and her…