Pattillo v. Toler

This suit, filed July 30, 1945, is a proceeding under § 8246, Pope’s Digest, to vacate a decree rendered June 7, 1935, foreclosing a mortgage executed by Lee Smith and Poley, his wife, to the American Investment Company, which was transferred and assigned to C. W. Chapman. The mortgage was given to secure a note for $500, bearing interest at six per centum per annum, with interest at ten per centum after maturity, and ten interest notes, each for $30, which bore interest at ten per centum, after their maturity. The decree recited personal service on Smith, and that his wife was dead. The…