Baltzell v. Daniel

This case involves the question of the effect of a partition of lands by decree of the court under the statute upon a mortgage given by one of the owners upon his undivided interest in the entire tract where neither the mortgagee nor his assigns were parties to the suit in partition.

In December, 1922, D. P. Daniel, W. J. Daniel and the heirs of Mrs. Floyé Milton were tenants in common of six separate and distinct parcels of land; the two Daniels each owning an undivided one-third interest and the heirs of Floy Milton together owning an undivided one-third interest.

The property may be…