Barnhart v. Edwards

A motion is made to dismiss the appeal herein upon the ground that the notice of appeal was not served upon a codefendant of the appellant. *430The motion is resisted by the appellant upon the ground that his codefendant is not an adverse party within the meaning of section 940 of the Code of Civil Procedure. The action was brought for the foreclosure of a mortgage given to the plaintiff by one E. C. Vancil, in the form of an absolute deed, but by way of security for the payment of certain claims and advances by the plaintiff. Prior to the commencement of the action Vancil died, and the defendant…