Sander v. Wells

Stafford, J. †

A. R. Sander and wife and J. E. DePhelps and wife (hereinafter referred to as the respondents) sued to foreclose a mortgage on real property owned by the marital community composed of James R. Wells and wife. Mr. and Mrs. Wells defaulted and appeared only as witnesses. However, H. L. DeGore (hereinafter referred to as the appellant) answered and cross-claimed to quiet her title to the same realty. Appellant’s claim of title stems from a sheriff’s deed which she acquired as a judgment creditor of the community.

Appellant’s 24 assignments of error present several major issues. They…