Supreme Court of Rhode Island June 5, 1908 (Halliday v. Manton)

Per Curiam.

In this action of assumpsit the plaintiff seeks to recover her share of the surplus of the proceeds of the-foreclosure sale of a mortgage, given by herself and her former-husband, Samuel A. Halliday, upon real estate owned by them as cotenants, and was nonsuited on the ground that the action should have been brought in the names of both mortgagors.