Ledbetter v. Winchel

The appellee Winchel sued the appellants and her co-appellee, Samuel Moore, to foreclose a mortgage on certain described real estate in Grant county. Moore was defaulted. He was made a defendant because it was alleged he held a judgment lien on the mortgaged premises junior to that of the plaintiff’s mortgage.

The only answer filed by appellants was a plea in *110abatement, the issues formed upon which were tried by the court, resulting in a finding thereon against appellants, and they failing to plead over, there was a decree of foreclosure against all the defendants, including Moore. It is…