Frierson v. New York Life Ins. Co.

The New York Life Insurance Company •proceeded via exeeutiva to enforce the payment of an alleged mortgage indebtedness of Norman D. Stewart and Clifford L. Stewart. Lorraine S. Frierson sued to enjoin the process and to cancel the conventional mortgage so far as it affected the undivided one-half interest in the mortgaged property formerly owned by Clifford L. Stewart. The defendant insurance company filed an exception of no right or cause of action, which was referred to the merits. After trial on the merits, the court below rendered judgment recalling the writ of seizure and sale,…