Madden v. Lubke

This is a foreclosure proceeding in which a decree was entered in favor of the complainant. The bill was taken pro confesso but it is insisted on behalf of plaintiffs in error that the bill does not state facts sufficient to sustain the decree. In this contention we are compelled to concur. The complainant sold the premises to plaintiff in error Mark F. Madden, but the deed was executed to Mortimer A. Prindiville, one of the defendants, and the note and trust deed which it is sought to foreclose were given on the same day by Prindiville to secure payment of part of the purchase money. The…