Morris v. Robbins

*336The opinion of the court was delivered by

Smith, J.:

In September, 1906, Fred L. Morris filed his petition in the district court of Hamilton county against John E. Miller, W. H. Burks, T. F. Shinkle, R. F. Evans, Lee S. Chaney, James L. Emerick and George J. Downer. The action was to foreclose a mortgage on certain land of which Chaney claimed to be the owner at the time. During the pendency of the suit the appellant purchased the land of Chaney, and on her motion was substituted as a party defendant in his stead. The note and mortgage sued on were executed by John E. Miller, in May, 1889, to…