Butchart v. Moorhead

THOMPSON (R. L.), J.

This is an appeal on the part of certain defendants from a decree foreclosing a mortgage. In filing an amended complaint the names of Paul G. Moorhead and wife were eliminated and they were abandoned as defendants. They, however, voluntarily 'appeared and answered without securing permission of the court. On motion duly made their answer was stricken from the record and the action dismissed as to them. From this order they failed to appeal. No deficiency judgment was sought or secured. They were not necessary parties, having disposed of their interest in the property. The…