Allen v. Lucas

*53OPINION OF THE COURT BY

FREAR, C.J.

(Galbraith, J., dissenting.)

This is a statutory action, to quiet title. It is brought by a mortgagee after default of the mortgagors, against certain other persons, who, it is alleged, claim an estate or interest in the mortgaged land. On demurrer, the Circuit Court ordered the complaint dismissed and plaintiff to pay costs including a fee of $15 to one of the guardians ad litem and of $50 to the other, to which order the iflaintiff excepted and now brings the case here by writ of error.

Two points are raised. The principal one is that a mortgagee has not such…