Walters v. Walters

Newcomb, C.

— This action was brought by the appellee against the heirs of Joseph Walters, deceased, Rebecca Walters, his widow and administratrix, and John Hines, who was alleged to be a junior mortgagee, to foreclose two mortgages executed by Joseph Walter’s, in his lifetime, to appellee.

There tv ere demurrers to the complaint, motions for a new trial and in arrest of judgment; all of which pi’esent the same questions, in different forms. Exceptions were also taken to the admission of certain evidence upon the trial, and to an instruction given by the court to the jury, which were properly…