Thelen v. Vogel

In April, 1926, Michael Thelen brought suit to foreclose a mortgage executed in 1916 by Anna K. Vogel, as guardian of three minors; with the guardian, as mortgagor, he joined the three erstwhile minors and a stranger to the mortgage as de fendants. The stranger defaulted. Tbe guardian and tbe three remaining defendants demurred; the demurrer was overruled, and thereafter the guardian alone answered, denying that she had authority to execute the mortgage, and alleging payment of the mortgage notes. Plaintiff joined issue, as to the affirmative allegations of the answer, by reply.

The default of…