McNamara v. Oakland Building & Loan Ass'n

CHIPMAN,C.

—Action to restrain the sale of certain land under decree of foreclosure. Defendant h'ad judgment, from which and from the order denying motion for new trial this appeal is taken.

Plaintiffs are husband and wife. J. M. McNamara, being the owner of the land in question, executed a mortgage thereof to defendant’s assignor, in which his wife did not join, and McNamara failing to pay the debt secured thereby, defendant, assignee of the note and mortgage, brought its action to fore close, but did not make Mrs. McNamara a party defendant. Lis pendens was duly filed; the cause was tried,…