This section contains the nature of the case and procedural background.

P filed a motion for judgment against the defendants, Edgar M. Holt and Gustava H. Holt (D), his wife, jointly and severally, seeking recovery of the face amount of a 'Homestead Waiving Promissory Note,' plus interest and attorney's fees. The instrument was payable to P in the amount of $6,000. Edgar failed to appear or file pleadings in response. A default judgment was entered against him. D denied liability and denied that she had signed the instrument. D got the jury verdict, and P appealed.

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