Bailey v. Thomas

COLEMAN, Justice.. The respondent, the mortgagee, appeals from a decree granting relief to complainant, the devisee of the mortgagor, on complainant’s bill seeking to enjoin foreclosure' of thé mortgage and to declare that it has been paid in full and satisfied.

In her bill of complaint, complainant averred that she is sole devisee under will of Cad S'. Bailey, deceased, which was admitted to probate in 1962; that testator owned the land conveyed by a certain mortgage executed by testator to respondent, on October 5, 1935, and duly recorded; , that the due date o'f the mortgage was January 1,…