Templeton v. Scruggs

BOULDIN, Justice.

Appellees filed a bill against appellant to cancel a mortgage on real estate, also a deed purporting to be given in lieu of foreclosure, and in the alternative, for an accounting and redemption.

Respondent filed a plea in abatement upon the ground that pending the suit complainants had parted with all interest in the lands by a conveyance to a third party.

On a submission, which the court in his decree treated “as a setting of the plea down for hearing and argument,” reciting that, “On a hearing of this character the sole question is as to the legal sufficiency of the plea as…