Duncan v. Kimbrel

This was an action by Annie Kimbrel Fair, appellee herein, against one Russell Titsworth for an accounting, making this appellant a defendant to answer as to any interest he might claim. Appellant, in three paragraphs of cross-complaint, claims an interest as mortgagee in the property sold, for which a note was given (which is the largest part of the amount in controversy). To this, appellee Mrs. Fair filed two paragraphs of answer in estoppel. Her husband and coappellee also filed an answer in estoppel.

The sufficiency of the complaint or answers was not questioned in any manner.

After a trial…