McMillan v. Hadley

Newcomb, C.

The appellees, Hadley and 'Willoughby,, sued to foreclose a mortgage executed to them by Jacob Thomas and Isaac W. Sanders.

Among the defendants was Robert M. Wingate, the ancestor of the appellants, who has died since the judgment, and this appeal is prosecuted by his heirs.

The complaint alleged that the note secured by the mortgage was a partnership debt; that it was given for money borrowed to make a payment on said land, purchased by Thomas- and Sanders as partners, and that said land was held by them as partners.

Wingate filed an answer and cross complaint, alleging that- . he…