Phoenix Mutual Life Insurance v. Nevitt

The opinion of the court was delivered by

Smith, J.:

This was an action on a promissory note and to foreclose a mortgage securing it. Judgment was entered for plaintiff on a judgment on the note had in an action in another county. The trial court refused to foreclose the mortgage. The plaintiff appeals from that portion of the judgment refusing to foreclose the mortgage. Certain intervenors also appeal from a portion of the judgment affecting them.

There is no dispute about many of the essential facts.

*773This action was filed December 4, 1934. The petition alleged the making of the note in question…