51 Ark. 530 | Ark. | 1889
Laura Eastham, who is- non compos,, arid her guardian, were made defendants to a suit by the appellee to foreclose a mortgage executed by Laura’s father, T. J. Eastham, the -complaint alleging that she claimed an interest in the mortgaged premises.
The guardian filed a cross complaint setting up paramount title in his ward. The cause was heard upon the pleadings and depositions, and the court decreed that Laura had no interest in the land.
If Laura was an improper party to the suit to foreclose the mortgage, the appellee cannot be heard to complain,, (Adams v. Edgerton, 48 Ark., 419,) but the full measure of the relief to which he is entitled should be granted. The-judgment against her interest will be reversed, and, as she is in possession, a decree will be entered here quieting her title against the appellee’s mortgage.