Andersen v. Luikart

This is an action to foreclose a real estate mortgage. The ‘ mortgagors made no appearance, and decree was entered against them by default. Luikart, as receiver for the Upland Banking Company and receiver for the People’s Bank of Upland, filed cross-petitions, seeking foreclosure of two mortgages. One of the mortgages was for $5,990, in which the Upland Banking Company was named as mortgagee; the other for $1,900, in which the People’s Bank of Upland was named as mortgagee.

In his cross-petitions as receiver, Luikart charges that the principal of plaintiff’s mortgage had been extinguished or…