McGooden v. Bartholic

On petition for a rehearing plaintiffs in error contend that the inability of cross-complainants to maintain a cross-bill to foreclose was not raised below. The cross-bill charged .that, cross-complainants owned an undivided one-fourth of the debt secured by the mortgage. The answer thereto denied that cross-complainants owned one-fourth or any other part of said debt. This sufficiently raised the point that under the proof the title to the note owned by Maria P. Bartholic at her death did not pass to her heirs. That the heirs at law did not take title to the personal estate and could not…