Lutz v. Coffey

This is an action to foreclose a real estate mortgage.

The defendant appeared generally, filing an answer admitting the making of the mortgage, and the note described in the complaint, that the same has not been paid, but denies the existence of power of attorney authorizing the foreclosing of the mortgage and denies that a notice of intention to foreclose was served upon the defendant. From a judgment of foreclosure the defendant appeals.

There are three issues involved in the case, first, that the power of attorney executed by plaintiff, Alma Lutz, by her attorney in fact is void. Second,…