Edenfield v. Wingard

DREW, Chief Justice.

C. B. Edenfield mortgaged certain property to the appellant, E. B. Edenfield, and the mortgage was recorded. Later, C. B. Edenfield mortgaged the same property to the appellees, Wingard and Duggan. Wingard and Duggan foreclosed their mortgage without joining E. B. Edenfield in the suit.

The present case arose when E. B. Ed-enfield subsequently brought a complaint of foreclosure on his mortgage naming C, B. Edenfield, Wingard and Duggan as defendants. Wingard and Duggan moved to dismiss the complaint .on the contention that the acknowledgment was insufficient to entitle E.…