Walter v. Wala

Maxwell, Ch. J.

In February, 1879, the plaintiff, as guardian, commenced an action in the district court of Cuming county to foreclose a mortgage given by the defendants Frank Wala and Anna Wala to one Mary Hampel upon certain real estate in said county. Prior to the commencement of the action Wala and wife conveyed the real estate in question to Duda. Smith was a judgment creditor of Wala. Duda and wife and Smith made default. Wala and wife answered the *124petition of the plaintiff, denying that said heirs had any transfer or assignment of the note in question, and denying that any distribution…