Carpenter v. Ingalls

Citations

• 3 S.D. 49
• 51 N.W. 948
• 1892 S.D. LEXIS 35

Syllabus

<p>1. In an equitable action to foreclose a real estate mortgage the owner of the equity of redemption is the only necessary party defendant.</p> <p>2. In such action against a sole defendant, not the maker of the note and mortgage, a complaint which, after the usual allegation as to the making of such note and mortgage, alleges against the sole defendant that he has or claims to have some interest in or lien upon the mortgaged premises, which interest or lien is inferior and subordinate to the mortgage, is not demurrable on the ground of defect of parties defendant, in that the makers of the note and mortgage are not joined as defendants.</p> <p>3. Such complaint does not show upon its face that such sole defendant is not the owner of the equity of redemption; the general allegation that he has an interest in the mortgaged premises being broad enough to cover such ownership.</p> <p>(Syllabus by the Court.</p>