Girard Trust Co. v. Jones

The opinion of the court was delivered by

Johnston, C. J.:

This was an action by the Girard Trust Company, trustee, to foreclose a mortgage on a quarter section of land, given by Sherman Dykes in 1889 to secure the payment of his note for $500. In its petition the company alleged that it had acquired the note and mortgage by assignment, and that Dykes, the mortgagor, had been absent from the state for the past ten years. The appellants, who were in possession of *754the land, were made defendants, and they answered that in September, 1894, the land was sold for the taxes in 1893, and that in…