Comley v. Hendricks

This was a bill of foreclosure and for the sale of mortgaged premises, brought by Hendricks, the mortgagee, against Comley and his wife, the mortgagors. The defendants appeared, but the husband only answered. He admitted the bill to be true; but alleged that several years before the execution of the mortgage, he sold and conveyed one of the tracts of land contained in the mortgage to one Absalom Comley, by a deed duly acknowledged and recorded. No steps were taken to procure the answer of the wife. The cause was submitted upon bill, answer, and exhibits, without any evidence whatever. The…