Finken v. Schram

This proceeding to foreclose a real estate mortgage presents two distinct controversies, generally speaking. The first relates to the existence of the mortgage, and the second involves the pleadings for and against, and evidence to sustain, the appointment of a receiver.

A. N. Finken, the plaintiff and appellee, maintains that he has a valid mortgage executed by the defendants-appellants, N. W. Schram, and his wife, Josephine Schram, covering certain land in Shelby County, and because the mortgagors are delinquent, the appellee urges that he is entitled to the foreclosure thereof, aided by the…