Seymour v. Powers

The bill herein was filed to foreclose a real estate mortgage executed by Charles and Hester Powers, husband and wife, owners by entirety. After suit Mr. Powers died, and defendant Tisdale is the representative of his estate. Defendants, by cross-bill, alleged duress, want of consideration, and failure of the mortgage to show compliance with the provisions of Act No. 158, Pub. Acts 1917, and prayed discharge thereof. Plaintiff appeals from a decree discharging the mortgage.

Two sons of Charles Powers, and stepsons of Hester Powers, had been arrested upon a capias ad respondendum for an alleged…