Strong v. Sunset Copper Co.

Steinert, J. —

This action was brought to foreclose a real estate and chattel mortgage executed by defendant Sunset Copper Company as security for a bond issue. A number of the defendants, including Sunset Copper Company, defaulted, and certain other defendants, employees whose labor liens on the mortgaged property had been foreclosed in a former suit, answered and pleaded affirmatively that plaintiff’s action was barred by the statute of limitations. The cause was tried to the court, without a jury, and, after the court had orally announced its decision to the effect that the action was…