Daniel v. Cummings

BOULDIN, Justice.

Appellant, Mrs. Elsie Daniel, filed her bill against Citizens Home Building & Loan Association and H. K. Cummings, to cancel a mortgage on her lands upon the ground that it was given to secure her husband’s' debt, save a very small sum, which she offered to pay. Further averments and prayer sought to cancel in so far as the mortgage was given to secure the husband’s debt, or reduce the mortgage debt by that amount, and redeem. A further prayer sought redemption after foreclosure within the statutory period.

The trial court, hearing the case on oral testimony, held the mortgage…