Magee v. Brenneman

This is an appeal by the plaintiff, Henry C. Magee, from a judgment in favor of the defendants Clayton B. Brenneman and Frilletta Gr. Brenneman, his wife, in an action tried by the court, sitting without a jury, to foreclose a mortgage given by the said two defendants to secure a promissory note for $10,000 executed by the said parties in favor of appellant’s assignor, one Miguel Estadillo. It was found that certain fictitious persons, joiped as defendants, were not served with complaint or summons, and were found to have no interest in the property.

It appears that on July 18, 1911, the said…