Mathison v. Barnes

BOULDIN, Justice.

The appeal is from a decree overruling demurrers to a bill in equity as amended.

Appellees, J. E. Barnes and Dona Barnes, filed their original bill against appellant, Mary Spear Mathison, in two aspects :

1st. To cancel a mortgage on real estate made by complainants to respondent, and cancel a forclosure deed thereto, upon the ground that the mortgage was without consideration in that the indebtedness which it purported to secure was fully paid when the mortgage was given. On this aspect, the bill further sought an accounting for rents and for waste by cutting timber, and…