Church v. Fisher

This was an action by the appellee against the appellant and his wife, to foreclose a mortgage executed by the defendants below to the deceased, in his lifetime, to secure the payment of certain promissory notes.

The defendants answered, secondly, in substance, that the notes were given for a part of the purchase-money for the land mortgaged, which had been sold by Colley to the defendant Church, and conveyed by a warranty deed; that Colley derived his title to the land from one Robert Stewart, who, at the time he conveyed to Colley, had a wife who did not join in the conveyance; that Stewart…