Garrett v. Puckett

Suit on a note, and to foreclose a mortgage. The widow, heirs and administrator of the maker of the notes, who was the mortgagor, are made defendants, together with a subsequent encumbrancer, and appellant, a subsequent purchaser of the real estate. The two latter defended separately; the other defendants were defaulted. The appellant demurred, but the demurrer was overruled. Upon this ruling error is assigned. It is insisted, that as the appellee held the notes by assignment, and, as the mortgage was not assigned, the mortgagee should have been made a party when the application was to…