Hansen
Pacific Mutual Life Insurance v. Hansen
Opinion
Lead Opinion
Langdon, J.
TMs action was brought for the foreclosure of a mortgage set out in full in the complaint, as was also the note secured by the mortgage. Said note was given by the defendants, Rudolph Mausard and Edith Mausard, his wife. The mortgage was also given to secure the payment of attorneys’ fees in any reasonable amount fixed by the court, the payment of all costs and expenses of suit and also all sums that the mortgagor might pay for searching the title of the mortgaged property subsequent to the date for recording the mortgage, and all sums advanced by the mortgagor for taxes, assessments, encumbrances, etc.
There were eighteen parties defendant whose names were known to plaintiff and four sued under fictitious names. The defendants against whom judgment was taken were served with summons, and all defaulted except Timothy Goodwin, who filed an answer which denied on information and belief the allegations of the complaint, and set up the fact that the defendant Gilbert L. Dennison had executed a lease of a portion of the premises to him—the said Tim.othy Goodwin—and that his claim to the premises was represented by said lease, the terms of which were alleged. It was also alleged that…