Joseph L. Rose Vs. C. D. Hendrickson

JOSEPH L. ROSE VS. C. D. HENDRICKSON

In the case of Joseph L. Rose vs Carl D. Hendrickson, now pending in the circuit court, the plea of Hendrickson has been filed. He claims he is not indebted to the plaintiff in any sum falling due within seven years of the commencement of the suit. That the defendant was an accommodation maker upon the note. That the plaintiff, Rose, has by his tactics released Defendant Hendrickson. That at the time the note, on which suit is brought, was executed, Hendrickson and J. W Weyond, the maker of the note, to secure the payment of the same, gave Rose a mortgage upon the undivided two-thirds' interest in two lots in the village of Smith Center, Smith county Kas.; the interest covered by said mortgage being of the value of $2,000 and upwards. He charges Rose with having neglected to foreclose this mortgage, and that it is now barred by the statutes of Kansas, and that he has wholly lost the collateral security, thereby releasing Hendrickson. In conclusion the latter charges that the plaintiff has money and effects in his hands belonging to him, and that he (Hendrickson) should have a judgment in his favor.