Matlack v. Owen

Appellants, defendants below, appeal a mortgage foreclosure decree and deficiency decree in favor of appellees, plaintiffs below.

Defendants executed and delivered to plaintiffs a mortgage covering a motel and restaurant. Plaintiffs ultimately brought a suit to foreclose the mortgage which they contended covered personal as well as real property. Defendants, on the other hand, maintained that the mortgage had been altered without their consent or knowledge to include the personal property. The chancellor found that the mortgage included the personal property in question and granted a final…