Kelly v. Lenihan

John Kelly brought suit against Johanna Lenihan, to foreclose three mortgages, given by her on a *449certain piece of real estate. He made William Kelsey and Maria Kelsey, his wife, defendants, that they might answer as to the lien of a judgment recovered hy them against said Johanna.

Johanna made default. The Kelseys answered that the mortgages were fraudulent, without consideration, and should be postponed, as liens, to their judgment.

Reply in denial; trial by jury; verdict for Kelly, plaintiff and appellant, and judgment thereon, over a motion for a new trial, as follows:

“ It is therefore…