State ex rel. Com'rs of Land Office v. Froese

DAVISON, V.C.J.

The parties will be referred to as they appeared in the court below. Plaintiff brought this action September 14, 1931, upon a note and mortgage in the principal amount of $3,500 bearing interest at the rate of 5% per annum before maturity and 10% after maturity, against the defendants, John Froese and his wife, the mortgagors and owners of the real estate, and O. H. Douglas, the owner of an oil and gas lease thereon. An entry on the clerk’s minutes dated June 24, 1937, shows, “Judgment by default as per J. E.” On July 20, 1939, the court appointed a receiver who collected rents…