Peoples Savings Bank of Avoca v. McCarthy

The pleadings are unnecessarily voluminous, cumbersome, and involved. In an attempt to untangle them, we shall state a few of the more important facts, omitting those not pertinent to the present inquiry.

One Dennis McCarthy died intestate, seized of certain real estate and possessed of certain personal property. He was survived by his widow and seven children. A son, Michael, operated the decedent’s farm after the death of Dennis. Michael executed a chattel mortgage to the plaintiff bank on property owned by decedent. On November 13, 1925, the plaintiff began its action in equity to foreclose…