Mosier v. Suburban Estates, Inc., Ltd.

GRAY, J., pro tem.

In this action plaintiffs sought the collection of two promissory notes, each in the principal sum of $100,000 and the establishment of a vendor’s lien upon certain lands, as security therefor. The judgment decreed that plaintiffs should recover from the defendant Suburban Estates, Inc., Ltd., a corporation, the sum of $231,676.88 due on the notes, but that they had no lien on the lands. This defendant alone appeals, upon the judgment-roll, from the money part of the judgment, contending that the action was not prosecuted in the name of the real party in interest, as…