Racine-Sattley Co. v. Popken

Plaintiff began this action to foreclose a second mortgage for $4,800 and accrued interest, and to set aside a sheriff’s deed to 320 acres of land that was issued to defendant Wertz, who purchased the land under a first mortgage foreclosure proceeding wherein plaintiff, not having appeared, was defaulted. Plaintiff offered to pay into court for defendant the money he paid for the land with interest and costs. Wertz was the only answering defendant. He pleaded that he bought the land in go.od faith, and asked that plaintiff be denied any relief. The action was dismissed, and plaintiff appealed.