Hines v. Kays

The opinion of the court was delivered by

Mason, J.:

H. B. Hines brought an action to foreclose a real-estate mortgage. F. W. Casner was made a defendant under the allegation that he claimed an interest in the property, which in fact was subject to that of the plaintiff. Casner filed an answer consisting of a general denial and a cross-petition setting up a subsequent mortgage, which he asked to have foreclosed. The cross-petition was stricken out on motion of the *210plaintiff. Judgment was rendered foreclosing the first mortgage, on which the property was sold. Casner appeals, and among other…