Zinkeison v. Lewis

Tbe opinion of the court was delivered by

Johnston, J.:

This was an action to recover on a promissory note for $850 purporting to have been executed on December 9, 1889, by Ozro H. Lewis and Sarah A. Lewis, his wife, and to foreclose a mortgage of the same date given as security for the payment of *591the note. In separate answers the defendants alleged that the mortgage, which covered their homestead, was not in fact executed by Mrs. Lewis, nor by any one authorized to sign for her.

The plaintiff replied with a general denial, and also with averments that the note and mortgage in. suit were given…