Mayer v. Stahr

The opinion of the Court was delivered by

Bermudez, C. J.

This is an action on a lost mortgage note for one thousand dollars, with eight per cent, interest since maturity and five per cent, attorney’s fees.

The defendant, who is the drawer and mortgagor, having failed to answer, a default was entered against him.

A party claiming to own the mortgaged property appeared in the suit, both by answer and petition of intervention, in which it is claimed :

1. That the property cannot be sold to satisfy the mortgage debt, unless security be given to guard against the appearance of the lost note.

2. That…