Rowenhorst v. Johnson

Action for unlawful detainer of realty and for rent against the defendants as mortgagors in possession after foreclosure of plaintiff’s mortgage, sale, expiration of period of redemption and issuance of sheriff’s deed to plaintiff. Judgment for plaintiff for possession of the premises and certain rentals, and defendants appeal.

It appears from the record that a notice to quit, as provided by section 2172, Rev. Code 1919, was duly served on the defendants, but such notice was not filed with the clerk of the municipal court where the action was instituted before the summons was issued or served.

A…