Allen v. Davis

Franklin, C.

Appellee sued appellants on a promissory note, and to foreclose a mortgage given to secure its payment. Appellant Joseph G. Allen was defaulted. Mary E. Allen ■appeared and defended. She answered that at the date of the execution of the note and mortgage, to wit, on the 21st day of September, 1881, she was a married woman, and the owner of the real estate described in the mortgage ; that the note was given for a debt of her husband and co-defendant, Joseph ■G. Allen, and that she executed the note and mortgage jointly with him as his surety. Issue was formed by a denial in reply.

Th…