Earle v. Marx

STAYTON, Chief Justice.

This action was brought by Marx on three promissory notes executed by Earle on October 13, 1885, which on their faces purported to be given to secure the purchase money for seven hundred and fifty acres of land described in the petition, on which foreclosure of lien was sought. A copy of the deed from Marx to Earle was made an exhibit to'the petition, bearing same date as the notes sued on, and containing a clause of general warranty.

The petitioner alleged that the land was the community property of himself and wife, deceased, at the time he made the conveyance to…