Case v. Haggarty

This is an action in partition. The owners of the legal title appear to have all been made parties, as well as certain mortgagees. There are two mortgagees, one holding a mortgage on the whole of the land, executed by the ancestor in his lifetime, and over which there is no contention; the other, executed to defendant Shirley E. Davis by one of the three heirs in her lifetime upon the undivided one-third of the land. She died before coming into possession of the estate, and the validity of the mortgage is contested by her children and heirs. The owner of this mortgage answered setting up his…