Welch v. Downs

Mr. Presiding Justice Reynolds

delivered the opinion of the court.

This is an appeal from an order of the circuit court of McLean county, dismissing the complaint.

Originally there was a judgment for a deficiency in a foreclosure suit in the court of common pleas in Hardin county, Ohio. On June 1, 1931, one Frank H. McCullough obtained a deficiency judgment for the sum of $36,737.22, against a number of defendants. The plaintiff in this suit was a co-maker of the original mortgage and mortgage note, and one of the judgment debtors against whom the deficiency judgment was rendered by the court in…