Irwin v. Hubbard

The original action in this case was commenced by William W. Herod against the appellants herein, who, except Irwin, were the heirs at law of Milton Treadway, deceased. The action was brought to foreclose a mortgage on certain real estate, which the deceased in his lifetime had executed to Herod, to indemnify and save him harmless from a liability which he had incurred by executing a certain promissory note, as the surety of the deceased, to one Joseph D. Sidener.

The appellee, Hubbard, on his petition, was made a party to the action, and filed his cross complaint as follows, viz.:

“ Charles A.…