Colby v. Forbes

Per Curiam.-

I. Appellees brought an ordinary, action for foreclosure of a real estate mortgage. In addition to the usual averments in such a case, appellees alleged that, at the time of the execution of the said mortgage, the mortgagor was the owner in fee simple of said premises. The answer of the mortgagor admits the execution of the mortgage and default in payment, but denies the allegation that the claim of the mortgagor is-inferior to the rights of the plaintiffs. The intervener filed a petition of intervention, in which he denies certain allegations of the appellees’ petition, and…