Stiles v. Probst

This was a bill in equity, filed August 31, 1871, in the circuit court of Lee county, by George Probst against Elias B. Stiles and Sybil C. Stiles, his wife, as mortgagors, to establish a mortgage upon certain lands situate in that county, which mortgage was alleged to have been lost, and to foreclose the same. Separate answers were filed by these defendants, denying the material allegations of the bill, and the husband setting up a defense in the nature of a set-off. Replication was filed, and the cause heard upon pleadings and proofs. A decree passed establishing the mortgage as against…