Jones
Hibernia Savings & Loan Society v. Jones
Opinion
Lead Opinion
McFarland, J.
This action was brought by plaintiff against Charles Carroll Moore and Mary Adams Moore to foreclose two certain mortgages. The complaint contained two counts, and stated two causes of action. The *509 first was upon a promissory note for fifty-seven thousand five hundred dollars, and a mortgage upon eight different pieces or lots of land to secure it. The note and mortgage were signed by said Charles Carroll Moore, and purported to have been signed by said Mary Adams Moore by her attorney in fact, the said Charles. The second cause of action was upon another promissory note, for seven thousand five hundred dollars, and a mortgage upon the same property to secure it, both of which were signed by said Charles and by said Mary Adams Moore personally. The seven pieces of land first mentioned in said mortgage were the property solely of said Charles; the eighth was the property of said Mary alone.
Mary Adams Moore answered, denying, all liability on the said first cause of action, and averring that said Charles had no authority to sign her name to the note or mortgage therein named; but she made no defense as to the second cause of action, on the note and mortgage for seven thousand…