Schmidt v. First National Bank

Blume, Justice.

A motion has been filed by defendant in error, the First. National Bank of Newcastle, to dismiss this ease for the reason that there is nothing before the court for review. The-action is one by said bank as plaintiff below, against Fred. J. Schmidt and Carl Schmidt for the foreclosure of certain mortgages. The defendant Fred J. Schmidt, plaintiff in. error herein, was made a party to the action for the alléged reason that he claims a pretended lien against the property-involved. 'He appeared, setting up an agistor’s lien.- The: *263existence of the lien was denied in the reply.…