Ferguson v. Nuttleman

The opinion of the court was delivered by

Marshall, J.:

This is an action to correct the description of real property described in a mortgage and to foreclose that mortgage. Judgment was rendered denying foreclosure and quieting title to part of the property in defendant Rose Nuttleman, and to the remainder of the property in defendant Carl Brandt. The plaintiff appeals.

For the purpose of this discussion, it is assumed that the property, at the time the mortgage was executed, was the homestead of Fred Nuttleman and Rose Nuttleman, although that fact is vigorously contested by the plaintiff. The…