Carter & Woolfolk v. Jackson

Carter & Woqlfolk brought in the superior court a ■petition against A. R. Jackson, as administrator of the estate of W. R. Jackson, praying for the foreclosure of a mortgage which the ■defendant’s intestate had executed and delivered to the plaintiffs. Upon this petition a rule nisi issued. In answer to the rule the •defendant set up that his intestate was not indebted on the notes which the mortgage was given to secure, for the reason that they were without consideration, were executed under duress, and at the time that the mortgage was executed the mortgagor did not have title to the land…