Metropolitan Life Insurance v. Cull

Plaintiff as assignee brought action to foreclose its first mortgage of $37,000, and the petition recites that certain wards, now of age, are defendants, and have an interest, junior and inferior, because of a second mortgage on said premises, and an accounting is asked. The former wards filed cross-petition, in which they allege that plaintiff’s mortgage is inferior to their interests- in said property. Many other defendants answered, and Herbert Rhoades, the guardian of. said wards, filed a special appearance, objecting to the jurisdiction of the district court over him, on the ground that…