Small v. Cunningham

(on reassignment).

This is an action to quiet title to real property described in the complaint. The facts material to our decision, and which are not in dispute, are as follows:

On August 24, 1951, Lynn L. Danley and Barbara P. Danley acquired the real property in question by warranty deed and, with their children, occupied it as their home. On June 2, 1954, they gave a note and mortgage to the plaintiffs for $7,500, which mortgage was recorded on June 22, 1954. On December 13, 1954, the defendants recovered a judgment against Lynn Danley only for the sum of $1,591.50. Nothing was paid on…