Jones v. Tincher

The appellees, who were the plaintiffs, brought this suit against Howard and Jones, upon a promissory note, for the payment of $1,395. Howard, was called and regularly defaulted. Jones answered the complaint; alleging, in his answer, that he executed the note as Howard's security, and that on the day it was given, viz, March 20, 1858, the plain- *309. tiffs, to secure the payment of the note by Howard, the principal therein, took from him and his wife, Jane Howard, a mortgage on certain real property (describing it), which .mortgage was executed and received concurrently with the execution of the…