Hussey v. Smith

This suit is brought to enforce alleged equitable rights under a deed and sale of mortgaged property. The Appellants ask that Respondents be adjudged to hold the property in trust for said Mary G. Hussey, or if the Court do not so adjudge, that the former decree be set aside ; that said Mary G. Hussey' be subrogated to the rights of Bernhisel and Linforth, and that the mortgage debt be declared a lien on the property, and the property sold again to pay the mortgage debt.

A demurrer Avas entered against the bill and based partly upon the ground that the bill (it is a chancery proceeding) did…