Standard Life Ass'n v. Merrill

The opinion of the court was delivered by

Wedell, J.;

This was an action to foreclose a real-estate mortgage. Plaintiff prevailed, and the defendant, Merrill, appeals.

Defendant admits the debt has not been paid, but contends the judgment must be reversed on the grounds of res judicata, the stat*122ute of limitations and the granting of a new trial. The first and second contentions involve a previous action to foreclose the same mortgage, the vacating of the former judgment during the same term in which it was rendered, and a later dismissal of the first action during a subsequent term of court…