Auernheimer v. Gardner

Holcomb, J. —

The facts are undisputed in this case, and the only question to be decided is whether or not the community of appellants is liable to respondents as well as the individual members, separately.

The appeal is from a decree of foreclosure of a real estate mortgage in favor of respondents against both appellants and the community.

On January 18, 1929, appellants, who were then, and at all times since have been, husband and wife, secured from Osner & Mehlhorn, a corporation, a mortgage loan of thirty-five hundred dollars, in consideration for which they executed and delivered to Osner &…