First National Bank v. Hershberger

Opinion by

Mr. Chief Justice Schaffer,

John S. Hershberger and S. Emma Hershberger, his wife, gave their mortgage to The First National Bank of Everett for $12,000. They owned the property covered by the mortgage as tenants by the entireties. Default was made in payment of interest and the Bank began foreclosure proceedings. In answer to the scire facias, S. Emma Hershberger set up that the mortgage is void as to her, because the debt for which it was given was not hers but her husband’s and son’s, that she executed the bond and mortgage as surety for them. Since the action was begun, her…