Penn Mutual Life Insurance v. Tittel

The opinion of the court was delivered by

Harvey, J.;

This was an action to foreclose a real-estate mortgage. There was a decree of foreclosure, a sheriff’s sale, and the property was redeemed from the sale. The present controversy arises between classes of defendants and involves the duty of one class to contribute to the cost of redemption, and also involves the question of their present interest in the property.

*531The pertinent facts may be stated briefly as follows: On November 1, 1919, Frederick Tittel and wife executed to the plaintiff their mortgage on 320 acres of land in Russell county,…