Wolfinger v. Betz

Beck, Oh. J.

I. The action was originally brought at law to recover upon a promissory note executed by defendant Munzenmaier to Martin Groshaus, plaintiff’s intestate. By amendments, new parties were made defendants, and a foreclosure of a mortgage securing the note was prayed for by plaintiff. The cause was transferred to the equity side of the court, and a decree rendered foreclosing the mortgage as against all of defendants.

The facts of the case, briefly stated, are these: The real estate conveyed by the mortgage was originally owned by Wolíinger; the intestate, Groshaus, and defendant…