Smith v. Cunningham

An action was brought to. foreclose a mortgage executed by Jackson and Jemima Cunningham to secure a debt to J. Curtis Smith. L. Scott was employed as an attorney by the Cunninghams, in whose behalf he filed an answer and cross-bill, setting up that a certain other mortgage, which was of record, was not a lien upon the premises, and asking to have it canceled. Upon trial, judgment was given for Smith for the amount of his debt, and for a foreclosure of his mortgage; and judgment was also given upon the cross-petition of the Cunninghams, holding the other mortgage to be void, and canceling the…