Harlan

The District Court amongst other things found: “ On the 31st day of October, A. d. 1877, one D. F. Scroggins applied to plaintiffs for a loan of $3,000, and offered as security therefor his own note and a mortgage upon his crop to be grown the ensuing season, which was declined by plaintiffs; but it was finally agreed between Scroggins and plaintiffs that if he would give a note, signed by himself and the defendant, as joint and several makers, and also give the mortgage suggested, they would let him have the money.

Thereupon the note sued upon, (a copy of which is set out in the second amended answer herein) was drawn up, and Scrog-gins went with it to the defendant’s house, informed him of the arrangement with plaintiffs, and procured him, the defendant, to join him (Scroggins) in the execution of the note.

Said note was executed by said Scroggins and the defendant on that day, and on the first day of November, A. r>. 1877, Scrog-gins took said note to the plaintiffs and delivered it to them, and at the same time executed and delivered to them the mortg-ag-e of that date, (a copy of which is set out in the second amended answer herein) and received from them the sum of $3,000…