Underhill v. Milder

This is an action to quiet title to certain lands in Coal county, cancel the lien of a mortgage thereon and recover possession thereof, brought by the plaintiff, Cole Underhill, against the defendants, Pearl Miller, W. H. Miller, and others. The defendants Pearl Miller and W. H. Miller, by cross-petition, asserted that they were mortgagees in possession of the land involved and sought foreclosure of the mortgage. The trial court denied the plaintiff relief, deducted from the amount of the mortgage debt found due and unpaid the reasonable rental value of the premises during the time possession…