Foster v. Featherston

FOSTER, Justice.

This is an action against appellant personally on notes signed by him in the following words: “The estate of H. W. Fancher, deceased, by Heirston L. Foster, as executor.” Fancher had borrowed the money from appellee, and had given a mortgage on real estate, due September 7, 1928. The debt was extended by mutual agreement to September 7, 1931. Fancher died before it matured on the latter date. Appellant, as such executor, and appellee agreed to extend it to September 7, 1932. On that day the notes sued on were executed. The mortgage was later foreclosed, and this is a…