Watts

This is an action to recover possession of a tract of land, the title to which was, on July 29,1878, vested in one William A. Watts as his separate property. On that day he executed a mortgage thereon to the Hibernia Savings and Loan Society, to secure his promissory note for fifteen hundred dollars. In September, 1879, the said Watts, who was then and still is the husband of plaintiff, filed a declaration of homestead upon the premises, and thereafter the Hibernia Savings and Loan Society commenced an action against him to foreclose the mortgage referred to, and upon February 5, 1883, obtained judgment in the action directing a sale of the land in controversy to satisfy the same. The plaintiff here was not made a party to that action. Thereafter the land-was sold under that decree to the Hibernia Savings and Loan Society, and no redemption from such sale having been made, that corporation received a sheriff’s deed therefor.

The defendant Gallagher purchased the land from the Hibernia Savings and Loan Society and of course succeeded to whatever title was vested in his grantor by the foreclosure proceedings, before mentioned. The plaintiff recovered judgment in the court below,…