Cline v. McWhorter

The “Citizens State Bank as Trustee under mortgage recorded in Mortgage Record 1037, at pages 536 and 537 of the records in the office of the Recorder of Marion County, Indiana,” has appeared specially to this action for the purpose of moving to dismiss the appeal.

Appellants attempted to perfect a vacation appeal by service of notice below upon appellees and the clerk, as provided by statute, Acts 1933, pp. 694, 695; sec. 482, Baldwin’s Ind. St. 1934; sec. 2-3206, Burns Ind. St. Ann. 1933.

This action grows out of the foreclosure of a mortgage upon certain real estate given to secure certain…