Rudasill v. . Cabaniss

Tbe male defendant purchased certain land and tbe grantor, at bis request, made deed to tbe defendants as tenants by entirety. Tbe grantor in turn accepted an open, unsecured note signed only by tbe husband in payment or as evidence of tbe unpaid purchase price. It is this obligation that bas come into tbe possession of plaintiff. Upon it she bases ber cause of action. She is bound by its terms. Tbe feme defendant is not a maker and cannot be held liable for its payment.

Concede, as contended, that tbe note is conditional payment only and we have left an open, unsecured debt for tbe purchase…