Federal Land Bank of Spokane v. Schermerhorn

The sole issue presented by this appeal is whether the State of Oregon can be made a party defendant in suits praying (1) for the foreclosure of mortgages, and (2) that the state’s right in the property, whatever it may be, be declared inferior to the rights of the mortgagee plaintiff.

The complaint’s sole references to the State of Oregon are in the caption, where its name appears as a party defendant, and in a paragraph which states:

“The defendants above named, and each and all of them, claim some right, title, lien or interest in the property in plaintiff’s mortgage described, but their…