Budget Plan, Inc. v. Hicks

Campbell, P. J.,

On December 19, 1958, defendants executed to plaintiffs’ assignor an installment note containing a confession of judgment clause, the last payment on which was due December 10, 1960. At the time of the execution of said note, defendants, as husband and wife, were the owners of certain real estate as tenants by the entireties, and, although this issue is to be determined later, may or may not have owned certain personal property with title held by them in the same capacity.

On July 5, 1960, one of defendants, Myron F. Hicks, husband of the remaining defendant, Eva J. Hicks,…