Beckett v. Clark

— 'The defendant D. N. Clark has not appealed, and his claims will have no attention here. Appellants will be referred to as defendants.

On February 20, 1929, defendants gave to plaintiff a note for $2,800, secured by the mortgage involved herein, and on April 19, 1933, plaintiff brought suit at law thereon. This action was, on motion of defendants, transferred to equity, and in that court, on December 20, 1933, plaintiff had decree for the amount due. No provision was made either for foreclosure or the appointment of a receiver.

On February 6, 1935, plaintiff commenced the case now before us,…