Tinsley v. Atlantic Mines Co.

Appellant sued to foreclose a mortgage upon certain real estate, made appellee one of defendants to the action, and in his complaint therein inter alia alleged:

“And the aforesaid defendants, and The Atlantic Mines Company, a corporation, have, or claim to have, some interest or claim upon said property, or some part thereof, which interests or claims are subsequent and subject to the lien of plaintiff’s mortgage.”

This is the only allegation of the complaint of *62any claim of appellee to the realty covered by the mortgage, and the' only allegation therein showing any reason for making it a party…