
    Hester Purdon v. Eleanor Carrington et al.
    Motion for leave to file a petition in error, to reverse the judgment of the District Court of Brown county.
    
      Louden § Young, for the motion.
    
      W. D. Young, contra.
   By the Court.

A mortgage given to secure the payment of a promissory note is not a “written instrument for the payment of money only,” within the meaning of ■section 118 of the code. And a cause of action, in a pleading, founded upon such mortgage, can not be verified by an agent or attorney of the party, on the ground that such instrument is in his possession.

Motion overruled.  