Park v. Busenbark

This was an action to recover the amount of a promissory note and to foreclose a mortgage given to secure it, brought by plaintiff in error against Peter Busenbark, the maker of the two instruments.

To the action, Newell P. Busenbark and Alice, his wife, and A. J. Eggleston and Sarah, his wife, were made defendants, under an allegation that they “ have or claim some interest in, or title to the said real property, but the same if existing, whatever it may be, is subject and inferior to the lien of plaintiff’s said mortgage. ” The prayer for j udgment against the four last named defendants was :