Wood v. Fetzer

GALLAGHER, G. J.

This suit was instituted by appellant, N. Wood, against appel-lees Fetzer and wife, to recover the balance due on a series of second lien notes, and to foreclose a second lien on certain real property. Appellant alleged that appellees J. W. Holloway and C. L. Watson held a series of first lien notes in the sum of $3,000 on said property. He did not make said first lienors parties, to the suit. He alleged default in the payment of his debt; that the reasonable market value of the property charged with said liens was less than the aggregate amount of the indebtedness secured…