Stewart v. Barrow

JUDGE PETERS delivered

the opinion op the court.

This suit in equity was brought by appellee, assignee of Hays, against appellants to enforce the payment of two notes— one for six hundred and fifty dollars, and the other for thirteen hundred dollars — by a foreclosure of two mortgages, in which it is alleged Mrs. Stewart joined her husband to pledge her real estate for the payment of said notes.

The summons having been served on the defendants the requisite time, and both of them having failed to answer, the petition was taken for confessed; but the chancellor, being of *370opinion that under the…