Stoll v. Kunkel

Ross, J.,

It appears from the records and the evidence submitted to us that at a public sale held by the above-named plaintiff on her premises Nov. 4, 1922, the defendant, I. E. Kunkel, bought a cow at auction for $55. Under the terms of the sale, he gave his note for that amount, with C. A. Barnes as surety, payable to the plaintiff. When the note became due and payable, the defendants refused to pay and the plaintiff had it entered on the confession of judgment which was executed with the note and issued execution.

*162The defendants petitioned to have the judgment opened, defendant let into a…