Bair
Bair v. Watkins
Opinion
Lead Opinion
Harrison, J.
The plaintiff seeks by this action the foreclosure of a mortgage upon certain real estate executed by Ros'e Ann Watkins. The appellants herein were made parties defendant to the action, under the allegation that they claimed to have,some interest in the land described in the mortgage, and that their interests, if any they have, are subject to the lien of the mortgage. The mortgagor suffered default, and the appellants answered the complaint admitting that they claimed an interest in the land described in the mortgage, but denying that the same was subsequent to or subject to its lien, and they also filed a cross-complaint setting forth their claim of ownership to an undivided one-half of said land, and asking judgment that the mortgage lien of the plaintiff be decreed to be a lien upon only an undivided half of said land. Upon the trial the court made findings of fact to tire effect that the mortgagor was the sole owner of the land at the date of the mortgage, and that the other defendants had no interest therein. Judgment was thereupon rendered in favor of the plaintiff, foreclosing the lien of his mortgage as prayed for hy him. From this judgment the defendants, other than the…