White v. Mazal

JULIUS J. OLSON, Justice.

Defendant has appealed from an order denying his motion for a new trial. After appeal to this court, plaintiff, Johanna C. White, died, and William Cornelius White and others were, on motion duly made in their behalf, substituted as plaintiffs. In this opinion we shall refer to the parties as if no such substitution had been made.

The cause was tried to the court and findings were made upholding plaintiff’s claim, to the effect that a certain foreclosure by advertisement of a real estate mortgage was fatally defective. Decision on the merits hinges upon the question of…