Farish v. Hawk

FOSTER, Justice.

The question in this case is whether a certain mortgage executed by appellees (husband and wife) to the Bank of Grove Hill is to any extent enforceable. Appellant, as Superintendent of Banks, has it in charge, and is liquidating the affairs of that bank. Appellees filed a bill in equity to enjoin a foreclosure of the mortgage because it was paid in full with the benefit of a set-off, and void as to the wife’s land. There is no question raised as to its equity.

The lands described in the mortgage are separately owned by the mortgagors. The wife claims that it is invalid as to…