Fitzpatrick v. Papa

Appellee’s complaint counts on a note and mortgage. The answer of appellant Elizabeth Fitzpatrick alleges that at the time the note and mortgage were executed she was the wife of her co-defendant; that no part of the consideration for which they were executed moved to her, but they were executed to secure a debt due from her husband, and that she was the owner, by gift and devise, of the real estate described in the mortgage. The second paragraph of the reply avers that the consideration of the note and mortgage was the surrender of a former mortgage lien, the dismissal of a foreclosure suit,…