Toll v. Davenport

The bill in this cause was filed April 7, 1887, to foreclose a mortgage made February 9, 1870, by James Davenport to Alfred Toll, and assigned to complainant, and to correct the description of the premises mentioned in the mortgage. After the cause was at *387issue, and James Davenport liad been examined as a witness, be died, and the complainant dismissed the bill as to him; he having parted with his interest in the land in controversy before his death, and the bill not having been revived against his heirs. On the hearing in the court below the court dismissed the bill, with costs to the…