Cates v. White

LIVINGSTON, Justice.

Bill in equity to reform a mortgage and to foreclose. Demurrer was interposed to the bill of complaint and overruled. The respondents who are the mortgagors appeal.

In substance the bill alleges that the respondents, husband and wife, requested complainant to purchase the property involved for them from another; that he did so and paid the vendor therefor the sum of $3,000.00; that the vendor, at the request of complainant and respondents, transferred the property directly to respondents who executed and delivered to the complainant a mortgage to secure the payment of the…