McIlvaine & Speigel v. Stone

*891Opinion by

Judge Elliott :

On the 1st clay of December, 1874, the appellee, L. P. Stone, executed to the appellants his two promissory notes for $500 each, due respectively at six and nine months. To secure the amount of these notes the appellee, L. P. Stone, executed a mortgage deed on a house and lot, on which he then resided,- to appellants.

The appellee, L. P. Stone, is the only vendor in the body of the deed, his wife not being a contracting party or joint vendor; but at the close of the deed it is stated that “The said L. P. Stone and his wife, Emma F. Stone, who does hereby release all of…