Drake v. Drake

The action is in partition; the complaint containing the customary allegations. One of the defendants, Mary Halpern, is alleged to be seized and possessed in her own right of an estate in fee-simple of an undivided one-foúrth interest in the premises sought to be partitioned; and that this interest is incumbered by a mortgage in the sum of $8,000, made by the defendant Mary Halpern to the defendant Charles A. Peabody, Jr. The latter, who is the moving party on this application, avers that on the date of the execution of the mortgage the defendant Mary Hal-" pern had, according to the records…