Miller v. Bates

This is an action to set aside, cancel and hold for naught a decree of foreclosure entered against the plaim tiff, George C. Miller, on March 21, 1936. The petition asserts that plaintiff is the owner of certain described real estate in Union county, Iowa; the Farmers & Merchants Savings Bank of Creston had a mortgage on said land; D. W. Bates became receiver for the bank and in 1932 brought an action to foreclose the mortgage; decree was entered foreclosing the mortgage on March 21, 1936; it was entered without notice to, knowledge, consent or acquiescence of the plaintiff. The prayer of the…