Sutor Bros. v. Hebert

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order of the court sustaining an application for a writ of assistance on behalf of the purchaser at a foreclosure sale. The record before us shows' substantially the following:

On December 3, 1921, Sutor Brothers filed suit upon two notes executed by Fred Hebert and wife and to foreclose a first and second mortgage upon land given to secure the notes. In that suit the First National Bank of Palco was made a party defendant. The bank *536answered, and by cross-petition asked for a judgment upon notes executed by Hebert…