Ward v. Kelly

Smith, J. —

In this case, a bill was filed by Patrick Kelly, to foreclose a mortgage executed by one Robert Ward. At the time the bill was filed, Ward was dead. The widow, who was a lunatic, and his heir, an infant, were made defendants. After service of process, guardians ad litum were appointed by the Court for each of them. The guardians answered in the usual form, requiring proof of the matters charged in .the bill, and the Court thereupon set the case down for hearing on the bill, answers, and exhibits, and decreed in- favor of the complainant the amount of the mortgage debt, with…