Whitehurst v. May, Et. Ux.

This was a bill for re-foreclosure of a purchase money mortgage against appellees who had by in advertence been omitted from the first foreclosure suit that had resulted in a decree for complainant, as assignee of the mortgage, against the original mortgagors.

Defendants C. D. May and wife, in this case claim title to part of the mortgaged property under a subsequently executed and recorded deed from the mortgagors'. Their answer to the re-foreclosure bill is in substance that complainant S. Whitehurst is not entitled to foreclose against them now, because after the mortgage had been given by…