Crooks v. Kennett

Appellee brought this action against appellant as the auditor of the county, to have his title to *348the land described in the complaint quieted as against a school fund mortgage.

The facts stated in the complaint, so far as they are material here, are that the real estate was owned by Eunice Jackson and Joel C. Jackson, husband and wife, as tenants by entireties; that, on the 19th day of October, 1883, the husband borrowed $300 of the school fund, and to secure the repayment of the same, he and his wife executed a mortgage upon the real estate, payable to the State, which mortgage was properly…