Neill v. Burke

Calkins, C.

The plaintiff, Harry E. Neill, began an action in the district court to foreclose a tax sale certificate issued against a tract of land in Hitchcock county. Among others, he made one Thomas A. Neill defendant, but did not allege the nature of the interest had or claimed by him. In this action the Girard Trust Company ivas permitted to file a petition of intervention, in which it alleged the making by one Burke, the then owner, of a mortgage on the land in question on the 1st day of January, 1887, due in 5 years from that date, and that no part of the debt thereby secured had been…