Wallace v. . Wallace

The jury found against the defendant Broadway upon his plea of payment. .He announced in open court that he was not attacking the validity of plaintiff’s lien. Nevertheless, the court held as a matter of law that plaintiff’s mortgage was void, for want of proper parties, under authority of Gorham v. Meacham, 63 Vt., 231, 22 Atl., 572, 13 L. R. A., 676. The conclusion is a non sequitur. Small v. Small, 74 N. C., 16; Younce v. McBride, 68 N. C., 532.

In the first place, the validity of plaintiff’s mortgage is not assailed on the present record; and in the next place, the authority cited has…