Brocato v. Brocato

THOMAS, Justice.

The appellant and appellee, husband and wife, executed a purchase-money mortgage, both signing the note which it secured. Subsequently the mortgagees sold and assigned the note and mortgage to the wife, appellant, who brought suit to foreclose against the appellee, her husband.

The husband moved to dismiss on the lone ground that no cause of action had been stated and the chancellor concluding that the wife by the purchase had simply paid the debt, since she was “one of the makers of the note and the mortgage and personally liable,” dismissed the bill with prejudice.

The…