Farm Mortgage Loan Co. v. Pettet

This is an action by second mortgagee to foreclose a mortgage on defendants’ homestead and for the appointment of a receiver. Defendants appeal from a part of the judgment only. Defendant owned a quarter section of land in Stutsman County. In 1920 he made a first mortgage upon the land for $3500.00 and, to plaintiff, a second mortgage for $3768.00. In 1922 defendant went through bankruptcy. He has continuously remained in possession of the land. Defendant did not pay certain interest upon the first mortgage nor the taxes for the years 1920, ’21, and ’22. Plaintiff paid such interest amounting…