Hughes v. Gates

THOMAS, Justice.

The decree directed a sale of lands as foreclosure of a mortgage, as prayed in the cross bill. ,

The case is that Clara Hughes, alias V. C. Hughes, filed her bill in equity to sell for a division of the proceeds a tract of eighty acres lying in Colbert and Franklin Counties against her husband, Hobert Hughes, and A. H. Gates, mortgagee. Title to the lands was admittedly in the husband and wife as equal joint owners and tenants in common.

Gates set up his mortgage by cross-bill, alleging that the indebtedness secured thereby was the joint debt of the husband and wife. The said…