Indiana Supreme Court January 9, 1889, No. 14,480 (Bradley v. Thixton)

Elliott, C. J. —

Sarah Durnil was the wife of Bryson A. Durnil. He became the owner of the real estate in controversy during the lifetime of his wife, and mortgaged it to Henry J. Prier, but the wife did not join in the mortgage. A suit for foreclosure was instituted against the mortgagor, and a decree foreclosing the mortgage was rendered. The wife was not a party to this suit.