Swartzendruber v. Polke

This is an independent action in equity, to set aside a judgment of the district court in a real estate foreclosure proceeding wherein one C. J. Polke was plaintiff and W. J. Wade, Bertha L. Wade, N. H. Donohoe, Henry Yoder, and the appellant herein, Eli J. Swartzendruber, were defendants.

On the 5th day of November, 1925, there was entered in said cause a judgment and decree, adjudging that the plaintiff Polke have and recover from the defendants the sum of $3,309.03, with interest, attorney fees, and costs. The land was sold under special execution, and after the proceeds were applied to…