Lloyd v. State ex rel. Banta

The questions presented by the record in this case may properly be said to arise in a proceeding on relation of the State by the county auditor to foreclose a school fund mortgage, executed by the appellant and her husband, on land held in her own right, to secure a loan for $300.

The proceedings were originally instituted by the appellant to cancel the mortgage, but later the issues were shifted, and a cross-complaint on the relation of the State to foreclose the mortgage was filed.

The appellant was the owner in her own right of the real estate in controversy mortgaged to the State. The…