Miller v. Rath

The opinion of the court was delivered by

Wertz, J.:

This was an action brought to foreclose a real estate mortgage. Appellant’s abstract consists of a statement of facts of ten lines in which he states that the petition sets forth the mortgage, the amount due thereon as against the primary defendant (appellee Robert M. Rath), and alleges that certain others including defendant James E. Ely have or claim some interest in the property covered by the mortgage. It appears from the trial court’s order that Ely was a judgment creditor of defendant Rath, the original mortgagor. None of the pleadings…