Hawley v. Smeiding

The opinion of the court was delivered by

Cole, J. :

H. E. Smeiding brought an action in the district court of Franklin county to foreclose a mortgage made by Charles Vandusen and wife upon a certain piece of real estate situated in said county. The plaintiff in error, Edgar Hawley, filed an answer setting’ up the rendition of a certain judgment in his favor and against Vandusen, and the plaintiff below, Smeiding, replied, alleging in, substance that Vandusen was not the owner of the land in question, and had no interest whatever in the same, although the title appeared in him at the time that…