Timoney v. McIntire

On October 30, 1931, plaintiffs James F. Timoney and Adna M. Thayer, instituted a suit to foreclose a mortgage executed by defendant, Mrs. McIntire, and also to foreclose a mortgage alleged to have been executed by defendant, Shepherd. As to defendant, Shepherd, a demurrer to the complaint was sustained and the suit dismissed.

An amended complaint was filed and on January 27, 1932, a decree in favor of plaintiffs against defendant, McIntire, was filed foreclosing the mortgage executed by said defendant Mrs. McIntire. Said mortgage was decreed to be a purchase money mortgage, and in said decree…