Hearfield v. Bridge

McKENNA, Circuit Judge.

This is an action to quiet title. Both parties derive title from John H. Daly, who died after executing the mortgage hereinafter mentioned, leaving surviving him a wife, Anne Daly, and certain heirs. Borne of these died, the others succeeding to their interests, if they had any. The plaintiff derives title from Mrs. Daly and these heirs; the defendants, through a mortgage executed by Daly in his lifetime, and foreclosure proceedings thereon after his death. His administrator was alone made a party to the foreclosure suit. The contention of the plaintiff is that this…