P. W. Wilkins and Co. v. Stoer

This was a mortgage foreclosure suit. From final decree in favor of plaintiffs, defendants have appealed. In the court below J. C. Bailey and T. L. Bailey were made parties defendant to the bill to foreclose the mortgage because, as it was alleged, they claimed some right, title or interest in and to the lands involved in the foreclosure. In their answer they incorporated a counter-claim against P. W. Wilkins & Company, one of the defendants. P. W. Wilkins & Company answered the counter-claim but later, after the taking of testimony and before decree, moved to dismiss the counterclaim, which…