Comegys v. Clarke

The hill of complaint in this case was filed for an injunction to restrain the appellee, Clarke, from selling under a power in a mortgage, certain real estate, and to have the mortgage declared void on the alleged grounds that the mortgage had been obtained from the appellant, Martha S. Comegys, by fraud and that it was executed by her without any consideration. An injunction was granted, and answers were filed by the defendants Clarke and ¥m. H. Comegys, the first denying the fraud and deceit, and the latter admitting the allegations of the hill and consenting to a decree. Evidence was taken…