Moody v. Miller

This is a motion to dismiss an appeal from a decree in favor of the plaintiff, on the ground that the notice of appeal has not been served upon all the adverse parties. The plaintiff brought a suit to foreclose a mortgage in his favor, executed by the defendant Mary E. Miller upon two certain tracts of land in Wasco County, one of which turned out, in the course of subsequent litigation, to be the property of her husband, the defendant Charles S. Miller, *180from whom she had subsequently been divorced. The complaint avers that the mortgage was given to secure the payment of a debt contracted for…