Kelley v. Whitmore

Gould, Associate Justice.

The appellant brought this suit to enjoin the sale of her homestead, under a mortgage with power of sale, given by her husband and herself to G. W. Whitmore, alleging amongst other things that it was without consideration, and that it was void because of blanks not filled up at the time of the execution and acknowledgement of the instrument. The petition alleged that her husband, George D. Kelley, was absent from the State, and refused to join her in the suit, made him a defendant, and asked that he be served by publication. The defendant, Whitmore, moved to dissolve…