Lehman v. Norton

DEVANEY, Chief Justice.

Action to have certain mortgage foreclosure proceedings declared null and void and to have the documents and instruments now on file evidencing the same expunged from the records. Plaintiffs are the mortgagors. Fannie W. Norton is the mortgagee named in the mortgage. June 6, 1931, the mortgage was in default. Under a proper power of attorney Henry W. Norton commenced foreclosure by advertisement under a notice of foreclosure sale executed by the mortgagee. June 20, 1931, the mortgagee died. At that time three notices of foreclosure had been published, and due notice had…