Cook v. Myrick

HIGGINS, Justice.

Plaintiff, a conventional mortgage creditor, instituted this suit against Mrs. Carrie E. Myrick, mortgage debtor, and her two sons, now majors, for whom she acted as natural tutrix during their minority, seeking to have the sheriff make a return on a writ of seizure and sale showing no sale of the property on November 4, 1933; to cancel the judgment rendered in favor of the minors, homologating the final account between the tutrix and them, on the ground that the judgment had been obtained by fraud; to cancel the legal mortgage in favor of the minors against their mother,…