Dowd

Action to foreclose a mortgage. Plaintiff had judgment. Defendants made a motion for a new trial, which was denied, and this appeal is from the judgment and order. The facts are substantially as follows: On January 8, 1886, Jeremiah O’Connell was the owner of the premises described in the complaint, and on said day he and his wife, Annie, executed and acknowledged a mortgage to the plaintiff bank to secure the payment of a promissory note for $3,500 of even date, due two years thereafter. In course of time, Jeremiah O’Connell died, leaving surviving him his wife, Annie, and five children, Margaret C., Henry P., Thomas J., Elizabeth A., William J., and Mary T., and the real estate herein, still encumbered with the lien of the mortgage. After the death of Jeremiah O’Connell his surviving widow, Annie, became the administratrix of his estate. The plaintiff, in due time and in proper form, presented its claim upon the note and mortgage, which claim was duly allowed by the administratrix and filed in August, 1891. In June, 1894, the administratrix died, without having closed the estate or paid the claim of plaintiff. The above-named children survived the widow. There does not appear to…