Jones v. Nix

On Motion for Rehearing.

HALL, J.

[1] The final judgment in this case denies appellant, Jones, the right to recover upon the note and foreclose the deed of trust, on the one hand, and cancels the note and deed of trust as a cloud upon defendant’s title to the land, on the other. A reconsideration of the record forces us to the conclusion that the judgment, in so far as it denies Jones the right to recover, should be affirmed, and that portion which decrees the cancellation of the note and deed of trust must be reversed and remanded for the want of necessary parties. It does not appear from this…