Timble v. Russell

The action is to recover the possession of real property. The answer sets up as separate defenses: That the plaintiff has not legal capacity to sue for the reason that he is a minor; and, further, that before the commencement of this action the plaintiff became seized of the equity of redemption in the premises subject to a certain mortgage which was foreclosed; that Joseph Timble (the name of the 'plaintiff herein) was a defendant in the foreclosure, and that the defendants in this action purchased the property at the foreclosure sale. A motion is made to compel the plaintiff to reply to…