Fitzgerald v. Forristal

It appears that appellees, as executors of the last will and testament of Matthew O’Farrell, instituted proceedings to foreclose a mortgage executed by appellant to testator in his lifetime, by scire facias, in the Circuit Court of Bureau County, in which the land in controversy is situated, and appellant filed this bill to enjoin the foreclosure of the mortgage by that proceeding. The bill alleges that the mother of appellant, while she was an infant, furnished money to O’Farrell, with which to enter this land for her benefit. That he entered a quarter section, and subsequently conveyed this…