Noerr v. Schmidt

Appellee Schmidt, as trustee, brought this action against his co-appellees and appellant to foreclose a mortgage executed by appellant’s intestate in his lifetime. Appellant’s demurrer to the complaint was overruled. Appellees George and Frederick Noerr filed a counterclaim, by which they sought to be subrogated to the rights of the mortgagee under a prior mortgage on the same real estate, and to foreclose the same. The court found in favor of Schmidt, trustee, and in favor of George and Frederick Noerr upon their counterclaim, and over appellant’s motion for a new trial, rendered judgment…