Smith v. Cottrell

Bicknell, C. C.

The appellee filed a complaint to foreclose a mortgage executed to him by the appellant Brandsasse and his wife to secure the promissory note of Brandsasse. The appellant Smith was made a (defendant to answer as to his interest.

Brandsasse was defaulted; the suit was abated as to his wife by her death. Smith answered, alleging that he,- as owner of the land in dispute, brought an action of ejectment against Brandsasse, in which he was 'defeated; that after-wards Brandsasse and wife gave plaintiff the mortgage now in suit, which the plaintiff received with full knowledge of said…