Allen v. Davis

Best, C.

The appellee brought this action against the appellant and Joseph G. Allen to foreclose a mortgage executed. *217by them on the 28th day of September, 1881, to one Francis Kelly, who endorsed the same to the appellee.

Afterwards the death of Joseph G. Allen was suggested, and the case proceeded against the appellant. She filed an answer, alleging that at the time said mortgage was executed she was the wife of Joseph G. Allen; that she owned the land embraced in the mortgage, and that tha.same was executed to secure the debt of her husband.

This answer was denied; the issue tried by the…