Schultz v. Stiner

The opinion of the court was delivered by

Mason, J.:

Theodore Schultz, the holder of a note secured by a real-estate mortgage, sued its makers, Alfred Stiner and his wife, asking judgment also against the payee, Howard L. Vale, as endorsee. Judgment was rendered foreclosing the mortgage and confirming an attachment levied upon land belonging to Vale. Thereafter a receiver of the mortgaged property was appointed. After the expiration of the term of court at which judgment was rendered against him, Vale, who was served only by publication, and who had previously made no appearance, moved to set…