Suter v. Schultz

The opinion of the court was delivered by

Smith, J.:

This was an action to foreclose a mortgage. Certain. defendants answered and filed a cross petition in which they asked that their title to the real estate in question be quieted. Judgment was for the plaintiff and these defendants. Later in the term other defendants asked that the case be opened up and the judgment in favor of the cross petitioner be set aside and they be let in to defend against the cross petition. That motion was denied. From the order denying that motion this appeal is taken.

The facts are these: In November, 1927,…