Fee v. Moore

Franklin, C.

Moore and Welch, at the February term, .1878, of the court below, commenced a suit against one Hull *320and wife on a note executed by Hull and a mortgage executed by Hull and wife to secure tbe payment of the note, both dated October 26th, 1876, making appellants Fee and Brown co-defendants therein, alleging that they were junior inpumbrancers, and claimed to have a lien upon the mortgaged property. Hull and wife were defaulted.

Appellants answered separately, but similar matters, in. defence; each filed a general denial and cross complaint, alleging, in substance, that before the…