Cooper v. Johnson

SPEER, District Judge.

The pending question is one of equity practice. The complainant, as receiver of the Southern Building & Loan Association, has brought a bill in equity for the foreclosure of a mortgage, given while in life to the association by William L. Johnson, deceased. The mortgagor died in the year 1898 or 1899. It appears from the averments of the bill that there was no administration upon his estate; but a division was had, and the property mortgaged was awarded to E. A. W. Johnson, the defendant, who assumed the indebtedness to the association to secure which the mortgage had…