Hansen

Appeal from a judgment for plaintiff in ejectment. The plaintiff and the defendant Joseph Wagner both deraign title from one George Hansen,—the plaintiff, under foreclosure of a mortgage made by him to John Hansen, August 6,1892; the defendant, under a deed subsequently made by the mortgagor to one Eubanks, and a deed of the latter to him, of date May 10,1897.

The controversy turns upon the effect of the foreclosure proceedings, which, in brief, were as follows: The complaint for foreclosure was filed by John Hansen, Sen., against George Hansen, Eubanks, John Hansen, Jr., and certain fictitious defendants. The complaint contained the usual allegations, except that, in addition, it alleged, in effect, that the plaintiff was the owner of the note and mortgage, which, it was alleged, were taken for him by John Hansen, Jr., as his agent; that the latter unlawfully retained the note and refused to deliver it; and—under the general allegation—that he (as one of the defendants named) claimed to have some interest in the premises, etc., as “mortgagee” or otherwise. The complaint prayed for foreclosure in favor of the plaintiff, and for judgment against John Hansen, Jr., for the delivery…