Roose v. Ferguson
Roose v. Ferguson
Opinion of the Court
I. Plaintiff claims that on May 26, 1887, she signed as security for the defendant Andrew Parsons a promissory note to the First
II. As we view it, there is but a single question of fact involved in this case: Did defendant Ferguson, as a part of the purchase price of the land, agree to pay the note upon which plaintiff was security for Parsons'? It is not our custom, in such eases, to enter into a review of the evidence. We have read it carefully, and, while it is conflicting, it clearly preponderates in favor of plaintiff’s claim. That he did so agree is further shown by his admissions, and by his offer to pay plaintiff fifty per cent of the amount of the claim in order to release his land from the attachment she had levied upon the land, to secure her claim before Ferguson had purchased it. True, he claims he made this offer to relieve the land from the lien, but the evidence without conflict shows that he knew of this claim before he made the purchase, and also knew that there had been an attachment levied upon the land. We think it fairly appears that he was to pay this debt as a part of the purchase price of the land. There seems to be no reason why he should escape from this liability. Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.