Fidelity Building & Loan Ass'n v. Cox

Fidelity Building and Loan Association, a corporation, hereinafter called plaintiff, brought suit against J. J. Cox and Mary Cox, his wife, hereinafter called defendants, and others, to foreclose a mortgage covering lots 1, 2, 3 and 4, in block 33 of the town of Glendale. Judgment was rendered that plaintiff take nothing by its suit, and that it be barred from any claim against or an interest in the property set forth in the mortgage, and from said judgment this appeal was taken.

Plaintiff based its claim upon a note and mortgage given by one John D. Frahm, now deceased, payable in monthly…