Sutton v. Gulf Life Insurance

Thomas, J. —

To a bill of complaint with no unusual features', filed by the assignee of a mortgage given to secure part of the purchase price of certain property, the mortgagor offered the defense that the execution of the instrument was procured through fraud by the original mortgagees.

The principal misstatements relied upon and urged by counsel for the mortgagor, appellant here, to sustain her position were that one E. H. Armstrong did not own the property when in truth he had the title to it, and that certain improvements would be made.

The first alleged misrepresentation is us'ed as a basis…