Van Alstine v. Hartnett

— On December 16; 1925, the appellee herein filed his petition in equity, to foreclose a real estate mortgage. Answer was filed thereto. This appeal is in no wise concerned with the averments of the pleadings in the cause, or with the evidence upon which the decree is predicated, except a stipulation to which reference will presently be made.

It appears that, on the 26th day of October, 1926, a stipulation of the parties was entered of record, and on the same date, a decree of foreclosure of the mortgage in question Was entered. This decree was in no way challenged by appeal. Special exe…