Hurter v. Robbins

— This was a bill filed by the defendant in error against the plaintiffs to foreclose a mortgage alleged to have been executed by William Hurter, trustee of Eliza Horton, wife of Grustavus Horton. The trustee, the wife and her husband are all made parties. Process of subpoena issued on the 4th of March, 1851, and service was accepted by Eliza Horton on the 28th of the same month; but it does not appear to have been executed on any one else.

The defendants, Hurter and Eliza, answered on the 4th of April, 1851, averring that the mortgage debt belonged to one Thomas Belknap, administrator of John…