Murray v. Creese

delivered the ópinion of the court.

John Murray and Mary Murray commenced a foreclosure proceeding based upon a note for $1,600 and interest, of date February 24, 1916, secured by mortgage on certain lots in the city of Butte, naming Fred B. Creese and Stacy Creese, the makers of the note and mortgage, and J. F. McLanahan and wife, as defendants.

As to the latter defendants the complaint alleges that they have, or claim to have, “some interest or claim upon said premises or some part thereof,” the nature of which is unknown to the plaintiffs, which interest or claim is subsequent to, and…