Hanlon v. Doherty

The complaint of the appellant is founded on a note executed by John Doherty to him, and the mortgage given to secure it, executed by Doherty and wife on the 8th day of December, 1875. Among others who were made parties to answer as to their interests in the land was Elizabeth Humphreys, executrix of the will of Thomas Humphreys, deceased. She appeared and filed an answer and cross complaint, but we need not further refer to her answer, as the questions made on the pleadings are confined to the cross complaint.

It is a familiar rule of equity, that a deed, although absolute on its face, is…