Schulz v. Graham

This was an action to foreclose a real estate mortgage brought by the mortgagee as plaintiff (appellant herein) against the mortgagors and subsequent purchaser of the mortgaged real estate as defendants (appellees herein). This cause was commenced in the St. Joseph Superior Court No. 2. The cause appealed from the St. Joseph Probate Court was transferred from the Appellate Court to this court under the provisions of §4-209, Burns’ 1946 Replacement.

Since a jurisdictional question has been properly raised in this matter, and since the decision on that question is paramount, it will be…