Home Owners' Loan Corporation v. Stevens

McDonough, justice.

Plaintiff, appellant here, instituted this action in the district court to foreclose a mortgage executed by defendants Wilford Stevens and Ruby Stevens, his wife, to secure a loan from the appellant. As to the defendants, other than the Stevenses, the complaint alleged that each of them “claims a lien against or interest as mortgagee, creditor, trustee, or otherwise in the property described in the said mortgage,” and that such claim or interest is subsequent to and in all respects subject to the lien of plaintiff under its mortgage. It prayed a decree foreclosing such lien.