Freeman v. Scofield

The Chancellor.

The bill is filed to foreclose a mortgage given by the defendant to Ira C. Whitehead, executor, and by him him assigned to Phebe Freeman and Mary Ann Freeman. Mary Ann Freeman died testate before the filing of the bill. Phebe Freeman, the surviving assignee, filed the bill in her own name, claiming to be entitled to one half of the mortgage debt in her own right, and to the balance as trustee for the estate of the deceased assignee. The defend*29ant, by his answer, admits all the material charges of the bill, bnt insists that the executor of the deceased assignee should have been…