Wimberg v. Schwegeman

This suit was brought by the appellee against William and Elizabeth Wimberg to foreclose a mortgage. The questions in the case arise on counter-claims filed by Henry Wimberg and Mary Felthaus, and each counter-claim presents different questions. We shall first consider and dispose of the questions presented by the counterclaim of Wimberg.

The pleading of Wimberg alleges, in substance, that the mortgage was executed to secure the purchase-money of the land described in the mortgage; that it was conveyed to the ■cross complainant by the mortgagee, by a deed with full covenants ; that the…