Donald v. Stybr

The opinion of the court was delivered by

Burch, J.:

In November, 1898, A. J. Stybr, as plaintiff, commenced an action in the district court of Marion county against Donald Bros, to quiet his title to certain real estate. From the amended petition, it appears that prior to 1890, E. C. and E. E. C. Motz, as owners, gave to Stybr a first mortgage, and to Donald Bros, a second mortgage, on the land. Stybr foreclosed the first mortgage against the Motzes without making Donald Bros, parties to the- suit. The foreclosure proceedings culminated in a sheriff’s deed to Stybr in 1890, who at once took…