Cooper v. Lucas Et Ux.

Opinion by

Rhodes, J.,

Plaintiff entered judgment on a bond with warrant of attorney which accompanied a mortgage. Both were executed by Frank A. Lucas and Jane C. Lucas, Ms wife, and subsequently assigned, when they gave a certificate of no defense. Later plaintiff became tbe assignee of the bond and mortgage. A writ of fieri facias was issued tbereon against tbe premises described in tbe mortgage. The premises were held by tbe en-tireties.

Jane C. Lucas petitioned tbe court below to grant a rule upon plaintiff to show cause why tbe judgment entered should not be opened and a defense…