Coan v. Clow

The appellee procured a decree in partition ■setting off to her one-third in fee of land which had belonged to her husband and had been sold to the appellant under a *418decree of foreclosure of a mortgage. The appellee had not joined in the execution of the mortgage, but, in the decree of foreclosure, the appellant had procured it to be found and1 declared that the mortgage was given for the purchase-money of the land. In the second paragraph of her complaint, the appellee alleged, among other things, that the mortgage was not given for purchase-money, but for money loaned by the appellant to…