Davis v. Union State Bank

*265The opinion of the court was delivered by

Smith, J.:

This is an action to recover damages for the filing of a motion in a foreclosure action. The motion was false and untrue and clouded the title of plaintiff to certain real estate. Judgment was for defendant. Plaintiffs appeal.

The petition of plaintiff alleged facts about as follows:

Cyrus D. Sanner and his wife, Myrtle B. Sanner, had been the owners in fee simple of the real estate- in question. They had given the Union State Bank a second mortgage on this real estate. The mortgage became in default and the bank foreclosed and bid in the…