Curry v. Janicke

Opinion by

Green, C.:

On the 19th day of January, 1888, Thomas H. Stone commenced an action against the defendants in error and S. B. Warren, sole surviving partner and administrator of the partnership estate of Warren & Harrison, in the district court of Marion county, to foreclose a mortgage. Summons was personally served upon the defendants, and they were required to answer the plaintiff’s petition on or *169before the 20th day of February, 1888. Ou the 9th day of March, 1888, Thomas J. Curry, who held a third mortgage upon the real estate covered by the plaintiff’s mortgage, made application to…