New Madrid Realty & Investment Co. v. Kirby

Opinion of the 'Court by

Chief Justice Clay—

Affirming.

Tlie New Madrid Realty & Investment Company, the Commercial Trust Company, and A. B. Hunter, for the use of the New Madrid Realty & Investment Company, brought this suit on a return of “No property found,” against W. R. Carrigan and wife to subject the property of W. R. Carrigan to their debts. Mrs. Kate Kirby, who had a prior mortgage on the land involved to secure a note of $4,000, intervened in the action and asserted her lien. Plaintiffs attacked the mortgage for fraud and want of consideration. On final hearing the mortgage was…