Datz v. Barry

The opinion of the court was delivered by

Case, J.

The bill of complaint in foreclosure alleged that Barry and his wife had executed the bond and the mortgage on January 30th, 1924, and had subsequently conveyed the lands to Onufrow; that Onufrow, having meanwhile conveyed the lands out and later recovered them, conveyed the same, on August 23d, 1932, to one Fuller and that the mortgage had become due. Barry, brought in as a party defendant, filed his answer denying certain allegations of the bill and setting up as a part of the defense that there was nothing due to the complainants on the bond…