Van Meter v. Field

This action originally was brought by plaintiff to foreclose a mortgage upon the property of Emma Van Meter, to the ownership of which this defendant succeeded by inheritance and purchase.

Following a judgment decreeing foreclosure of the mortgage, defendant and wife brought a separate action to vacate that judgment and to quiet title upon the grounds that the property was their homestead and the wife had not been made a party defendant, and because the mortgage was barred by the statute of limitations. The district court erroneously held the defendants had to pay the mortgage before the…