Sutton v. Jervis

The appellee filed bis complaint to foreclose a mortgage, making the appellant, Mary Sutton, a defendant, alleging, that sbe was the widow of Ebenezer Sutton, deceased, and the mother of Simon Sutton, deceased. Other heirs were made parties defendants.

The complaint charged, that said Ebenezer and Simon had executed and delivered a mortgage on certain described *266property, to secure certain debts to the appellee; that said Ebenezer had no interest in the land so mortgaged, but the same was the sole property of said Simon; and that the debts secured thereby were due and unpaid.

The appellant…