North-Western Mutual Fire Insurance v. Blankenship

Bicknell, C. C.

The appellant brought this suit against *536the widow and heirs of Perry Blankenship, to foreclose a mortgage executed by him and his wife to the appellant.

Pending the suit, the widow died. Her heirs answered the complaint, admitting the execution of the mortgage, averring that the mortgagor owned the land in fee simple; that the mortgage was made to secure his debt only, and that Mrs. Blankenship, when the mortgage was executed, was of unsound mind, incapable of making any contract, and so remained until she died. Said heirs filed, also, a cross complaint against the plaintiff,…