Commercial Investment Co. v. Peck

The action was to foreclose a real estate mortgage for the entire amount of the debt. The mortgagors, after-the service of a summons upon them, in vacation, and without the knowledge and consent of the mortgagee or its attorney, paid to the clerk of the district court the full amount due on the .mortgage, and all costs. No entry of such payment was entered by the clerk upon the books of his office, nor did he pay the money to the plaintiff or its attorney, but embezzled the same and absconded. Subsequently a decree of foreclosure was entered, the defendants being in default of an answer, an…