West v. Miller

— This was an action brought upon a promissory note and a mortgage given to secure the same. The note and mortgage were executed by Samuel Smith and Catharine Smith to Andrew Cunningham, who assigned the same by endorsement to the appellee. After executing the note and mortgage, the Smiths conveyed the real estate in fee simple to the appellant John West; the appellants were husband and wife, and Mrs. West was made a party because of the marital relation. The Smiths were not made parties.

A demurrer was submitted to the complaint, but overruled, and an exception reserved; thereafter a decree…