Sweeney v. Home Bldg. & Loan Ass'n

A motion to dismiss this appeal has been filed by the defendant in error on the ground that the ease-made and brief of plaintiffs in error were not served on G. F. Miller, one of the defendants named in the petition. The record shows that said Miller held a judgment against the plaintiffs in error constituting a lien on their property, but same was subsequent and subject to the lien of plaintiff’s mortgage. Miller filed no pleadings, but did appear at the trial, and an oral stipulation, taken down by the court reporter and agreed to by all parties, recited his judgment and stated that it was…