Tubbs v. Doll

By the Court,

Dixoít, C. J.

Appeal by defendants from a judgment of foreclosure and sale. A portion of the mortgaged premises having been conveyed to the defendant John Hsser, a married man, by deed executed, acknowledged and recorded before the commencement of the action, the defendants moved, on affidavit pursuant to the statute, chap. 60, Laws of 1861, for an order making the wife, Eranzislca Esser, a party to the action, on the ground that she was interested and her interests should be protected. The motion was denied, and final judgment afterwards entered. The object of this appeal is to…