Witham v. South Side Building & Loan Ass'n

By the Court.

This case is' here on an appeal as of right from the Court of Appeals of Allen county. It originated in the Court of Common Pleas of that county and was decided adversely to J. Maurice Wit-ham, the plaintiff-appellant, in both lower courts, on a demurrer to his petition.

On March 27, 1931, one John W. Jacobs borrowed a sum of money from the appellee herein, The South Side Building & Loan Association of Lima, Ohio. The indebtedness was evidenced by a promissory note executed by Jacobs and his wife and secured by a first mortgage on a farm in Allen county.

Jacobs died in 1932, seized…