Vanderpool v. Brake

— The appellee brought his action against the appellants and others, to foreclose a mortgage executed by the husband and wife upon the wife’s real estate, to secure a note given by the husband to one of his co-defendants, and transferred by delivery to the appellee. The mortgage was duly assigned. It is insisted that although the payee of the note was made &> party, and was served with process, yet as no default was taken against him, the judgment must be reversed. We decide otherwise. The appellants did not dispute that the appellee was the party in interest, and cannot now avail themselves…