Fullerton Savings Bank v. Des Granges

Plaintiff brought this action to foreclose a mortgage executed on May 11, 1911, by defendant Josephine des Granges to secure the payment of her note of like date for seven thousand five hundred dollars. Upon a statement that Otto des Granges and John C. des Granges had, or claimed to have, an interest in the property, which, however, as alleged, was subject to the mortgage, they were joined as parties defendant. Neither Josephine nor Otto demurred or answered the complaint, and judgment by default was entered in favor of the plaintiff against them. With his" answer, which constituted no defense to the plaintiff’s right to a decree of foreclosure, John C. des Granges filed a cross-complaint, claiming ownership of part of the property and alleging facts upon which he prayed that in the decree of foreclosure it be declared and adjudged that the lands covered by the mortgage, other than the portion thereof owned by him, be first sold and only in ease the proceeds of such sale proved inadequate to liquidate the amount found due should recourse be had to a sale of that claimed by him.

The court made findings upon which it rendered the usual judgment and decree in favor of the plaintiff…