Smith v. Allen

Albert, C.

The plaintiff, Edward J. Smith, brought this action as trustee of the estate of Philo R. Hurd, deceased, against the defendants, W. B. Yan Sant, James A. Ollis, G. W. Stancliffe and others, not necessary to mention, to foreclose a real estate mortgage. The defendant Yan Sant filed an answer and cross-petition, asking the foreclosure of another mortgage on the same property. The other defendants above named each filed an answer to the petition, but failed to plead to the cross-petition. A trial was had, resulting in a finding and decree for the plaintiff and the cross-petitioner, in…