William Krotter & Co. v. Norton

Epperson, C.

Plaintiff instituted an action in equity to foreclose a chattel mortgage given by the defendant G. W. Norton to plaintiff upon a frame dwelling house and frame barn situate on land in the possession of mortgagor under a five-year lease. The mortgagor and his wife were made defendants, and a summons was issued in which they were named as “G. W. Norton and wife, Mrs. G. W. Norton.” The return of the sheriff showed personal service. Coupled with his petition for foreclosure, the plaintiff set *138forth that the defendants threatened to remove the buildings which would be a damage…