Tollett v. Titsworth

George K. Cracraft, Judge.

The sole issue on this appeal from a declaratory judgment is what the rights are of the junior liénholder who has not been made a party to an action foreclosing a first mortgage lien after the sale. The trial court declared that none of the rights of the junior lienholder were affected by the foreclosure to which he was not a party and after the sale became prior and paramount to those of the purchaser. While we agree that a junior lienholder was a necessary party to that action and his rights were not immediately affected by the decree, we do not agree that his lien…