Cobern v. Cobern

This is a bill in equity filed by G. W. Cobern against his brother, C. J. Cobern. As originally filed, it was a bill under the statutes (sections 5443, 5444, Code 1907) to settle and quiet the title to certain lands of complainant described therein. The defendant answered it, in which he averred that he owned a valid mortgage on the land given by complainant to him to secure .a principal debt of $1,000, with the interest thereon, which was due and unpaid. After filing the answer, the defendant foreclosed the mortgage under the power of sale therein, and he became the purchaser at the sale 'of…