55 Ind. App. 349 | Ind. Ct. App. | 1913
Appellees, husband and wife, owned twenty-five acres of land, as tenants by entirety, and executed a mortgage on the same to secure two notes, each for $150, executed by appellee, Thomas Shull, to appellant. Appellant
The appellant has assigned as error the overruling of his motion for a venire ele novo and that the court erred in each conclusion of law. Upon request, the court made a special finding of facts, the substance of which is as follows: That appellees are, and on March 16, 1909, were husband and wife; that on said day they were the owners by entire-ties of the real estate described in the mortgage; that appellee, Florence Shull, agreed to execute two notes each for $150 in payment for two horses purchased from appellant, and secured the same by mortgage on the real estate; that on said day appellees executed the mortgage but the notes were signed only by Thomas Shull; that appellee Thomas Shull delivered the notes and mortgage to appellant and requested him to examine the same but he did not do so but turned them over to his wife with a request that she examine them; that appellee Florence Shull was not present when the notes and mortgage were delivered and the horses turned over to her husband; that in the preparation and delivery of the instruments and in the purchase of the team, Thomas Shull
In this ease, we are not called upon to decide whether the mortgage upon the land held by appellees as tenants by entireties would be a valid security for a joint debt of the husband and wife, for the reason that the finding of facts shows that the notes were executed only by the husband;
Judgment affirmed.
Note.—Reported in 102 N. E. 144. Por a discussion of an estate by entirety as subject to tbe claims of creditors of one spouse, see 12 Ann. Cas. 53; Ann. Cas. 1912 C 1242. See, also, under (1) 38 Cyc. 1966; (2) 38 Cyc. 1985; (3) 38 Cyc. 1992.