Metropolitan Life Insurance v. Schwarz

Mr. Justice Deris E. Sublevar

delivered the opinion of the court.

The appellees herein state that defendants’, preliminary statement of the form of action and judgment rendered, the nature of the pleadings and theory of the defendants are, in the main, accurate, but that the theory of the plaintiff is not clearly given. Consequently, we shall avail ourselves, in so far as they have agreed, of the following statement of facts.

Plaintiff, Metropolitan Life Insurance Company, filed its complaint' on April 19, 1939,. praying for the foreclosure of a mortgage executed by the defendants in 1930. The…