Frayer v. Holtom

The opinion of the court was delivered by

Milton, J.:

The issue between the plaintiff in error and the defendants in error, who were respectively plaintiff and defendants below, may be summed up as follows : The answer averred that the plaintiff had no right of action on the mortgage which he sought to foreclose for the reasons that, in a transaction between the plaintiff and defendant George Holtom, whereby certain lands were actually exchanged and transferred between the parties, the plaintiff had accepted a deed from George Holtom and Ann Holtom, his wife, for the mortgaged premises, in…