Ives v. Sanguinetti

The appellant foreclosed a mortgage on lot 4 block 15 and lot 1, block 21, of the town of Yuma. In this action the appellee was made a party defendant, served with process, and answered. The appellee held a mortgage on the property of all the right, title, and interest of one Henry Levy to secure an indebtedness of $850. This latter mortgage the appellant claimed in his action was subsequent and subordinate to the lien of appellant’s mortgage. Before appellant got his judgment of foreclosure he, for some reason, dismissed the action as to appellee, and appellee’s *554rights were not adjudicated.…