Whittington v. McMasters

WELCH, V. C. J.

This action was commenced in 1938 to cancel a mortgage and foreclosure proceedings and to recover the real estate, and is based upon the theory that the mortgage executed thereon in 1922 was void for the reason that same was at the time the homestead of the owner, and at the time of the execution of the mortgage the wife of the owner was incompetent and incapable of understanding the nature of her act when she joined her husband in the execution thereof. The action is prosecuted by or on behalf of Mollie P. McMasters, surviving widow, and several surviving children of Walter W.…