Smith v. D. Wilson & Co.

Opinion by

Judge Hargis :

Wilson & Co. and a number of the creditors of Peter Smith brought suit against him and attached his property. He had executed a mortgage in which his wife, the appellant, had joined, to Wilson & Co. on 75 acres of land known as the “Fox Springs property,” but they did not seek in their suit to foreclose.

The appellant, who was in possession of the “Fox Springs property,” on which some of the attachments were levied, filed an answer suggesting her willingness that the whole of it should be sold, and alleging that she was a bona fide housekeeper, that her husband had…