Swortfiguer v. White

VAN DYKE, J.—

This is an appeal from the judgment of the lower court dismissing the action. The defendant White, on the ninth day of July, 1888, made his promissory note to La Société d’Epargnes et de Prévoyanee Mutuelle (a corporation), and on the same day executed a mortgage on his land to secure said note. On July 8, 1893, said corporation mortgagee commenced an action to foreclose said mortgage; summons was issued the same day, but was never served or returned. B. M. Murray and E. H. Hansen were made defendants, for the reason, as alleged in the complaint, that they claimed some interest…