Morris Et Ux. v. Shepard

—This was a suit to foreclose a mortgage alleged to have been made, executed and delivered by husband and wife. The defense interposed was in effect that the mortgage embraced homestead property and that the wife had not acknowledged the execution of the mortgage, as is required by section 3803 R. G. S., 5676 C. G. L. The mortgage appears upon its face to have been regularly and legally executed and acknowledged. The Chancellor found in favor of the complainants and rendered his decree accordingly, from which order appeal was taken.

The defendants both testified that the wife did not appear…