Mills v. Hamilton

The appeal here brings for review final decree in proceedings to foreclose a mortgage instituted and maintained by the Executor of the estate of the mortgagee.

It is contended that the bill was without equity because the executor was not the owner and holder of the mortgage and was not the real party at interest and, therefore, the bill should have been dismissed.

There is no contention that the complainant was not the executor of the last will and testament of Mary C. East which had been probated. It is contended by the appellants that under the terms of the will Ruth Anderson and Hattie Hanby…