Underwood v. Jarvis

This is an appeal from an order holding that certain debts were not covered by a mortgage on real estate, and denying an accounting. We affirm in part, reverse in part, and remand.

The action was initiated by Willie Jarvis who sought a temporary restraining order against Underwood, executor of the estate of Sybil Jarvis Underwood, on the ground that Underwood was seeking to foreclose a mortgage upon her homestead executed on November 30, 1962, to which she was not a party. That temporary order was granted. The defendant made a general denial of the plaintiff's allegations and also filed a…