109 Ky. 472 | Ky. Ct. App. | 1900
Opinion of the court by
Affirming.
From the averments of the petition, and which are taken as true on demurrer, it appears that the appellant is the wife of Burt Wren, andwas' at the time she executed the note to the appellees as surety for her husband on November 10, 1894) that subsequently a suit was instituted on the note against her, and in 1898 a personal judgment was rendered against her thereon; that an execution issued upon it, which was levied upon land belonging to her with the view of selling it to pay the judgment. She sought to enjoin the collection of the judgment upon the ground that it was rendered on a note which she executed as surety for her husband; and it is, therefore, claimed that her land can not be subjected to its payment. It is insisted for the appellees that, although she may have signed the note as surety for her husband, that defense could only