McDonald v. Watson

<p>Abstract of the Decision.</p> <p>1. Equity, § 461*—when defendant in default is precluded from questioning competency or sufficiency of evidence. A defendant in default against whom a decree pro eonfesso is taken is precluded from questioning the competency or sufficiency of the evidence to support the decree where the allegations of the bill are sufficient to sustain the decree.</p> <p>2. Mortgages, § 77*—when grantee not personally liable to pay - mortgage. The mere acceptance of a deed subject to an outstanding mortgage specified therein creates no personal liability on the grantee to pay the mortgage.</p> <p>3. Equity, § 461*—what is effect of decree pro eonfesso. A decree pro eonfesso concludes the defendants as to matters of fact alleged in the bill but does not conclude them as to any conclusion of law averred therein.</p> <p>4. Equity, § 461*—how decree pro confesso may he attacked as to averments of conclusions of law in hill. As to conclusions of law averred in a bill, a decree pro confesso may be attacked after its rendition by appeal or writ of error on the ground that the allegations in the bill do not sustain it.</p>