Phillips v. Cassidy

The opinion of the Court was delivered by

Bermudez, C. J.

This is a suit on a mortgage note, via ordinaria.

0. H. Courtney intervened, claiming the ownership of the land, and the plaintiff joined issue, by answer purely defensive.

*289The defendants having failed to appear, after citation and expiration of delay allowed to answer, a judgment by default was duly entered against them.

The case was fixed for trial. The intervenor was neither present, nor represented. The defendants were also absent.

The plaintiff offered evidence in support of Ids demand and adverse to that of the intervenor.

There was…