Fidelity Union Trust Co. v. Guterl

The opinion of the court was delivered by

Heher, J.

The bill of complaint prays the foreclosure of a mortgage on real property executed by the Merdel Mortgage Investment Company to secure a bond, made by it, the respondent D’Blia, and the defendants Guterl, Mertens and Darling, purportedly as joint obligors. The lands were subsequently conveyed to Guterl; and, in consideration of his collateral bond, the mortgagee extended the stipulated time for the payment of the mortgage debt. The respondent interposed an answer and counter-claim averring that there was nothing due on the bond and mortgage;…