Alling v. Fisher

Irvine, C.

Ailing brought suit to-foreclose a mortgage executed by Flora R. Fislier and Allen G-. Fisher to Spargur & Fisher and by them assigned to plaintiff. Cannon, claiming a tax lien, was made a defendant. From a decree foreclosing both liens the Fishers appeal.

It is contended that the petition shows no ground for a foreclosure of the mortgage. The record does not disclose when the suit was begun. The petition shows that the debt was by its terms payable January 4, 1893, and alleges that it became due on that day. It will be presumed, in favor of the judgment of the district court, that…