Henthorn v. Security Co.

The opinion of the court was delivered by

Clark A. Smith, J. :

The petition in this case alleged, substantially, that on October 1, 1887, Elizabeth Henthorn was the owner in fee of the real estate in question, and on said date, jointly with her husband, Amos, delivered to the American Investment Company a promissory note for $1500, due November 1, 1892. At the same time she executed and delivered a mortgage on the land to secure the payment of the note. This mortgage became a first lien on the land. On the same day the Henthorns executed and delivered to the same company five promissory notes…