Pacific Mutual Life Insurance v. Hansen

LANGDON, P. J.

TMs action was brought for the foreclosure of a mortgage set out in full in the complaint, as was also the note secured by the mortgage. Said note was given by the defendants, Rudolph Mausard and Edith Mausard, his wife. The mortgage was also given to secure the payment of attorneys’ fees in any reasonable amount fixed by the court, the payment of all costs and expenses of suit and also all sums that the mortgagor might pay for searching the title of the mortgaged property subsequent to the date for recording the mortgage, and all sums advanced by the mortgagor for taxes, assessments, encumbrances, etc.

There were eighteen parties defendant whose names were known to plaintiff and four sued under fictitious names. The defendants against whom judgment was taken were served with summons, and all defaulted except Timothy Goodwin, who filed an answer which denied on information and belief the allegations of the complaint, and set up the fact that the defendant Gilbert L. Dennison had executed a lease of a portion of the premises to him—the said Tim.othy Goodwin—and that his claim to the premises was represented by said lease, the terms of which were alleged. It was also alleged that said Timothy Goodwin makes no further claim whatsoever to said described property. Later, the said Timothy Goodwin confessed and acknowledged judgment in favor of the plaintiff as prayed for in its complaint. It does not appear that any service was had upon the fictitious defendants by publication or otherwise, but the appellant, S. Maude Hansen, voluntarily appeared before the court and filed a general demurrer to the complaint, alleging that she had been sued under the name of Jane Doe. Her demurrer was overruled. Thereupon, she having failed to answer, her default was duly and regularly entered. The action was dismissed as to certain defendants not served with summons, and judgment was entered for the plaintiffs declaring that there is due from the defendants, Rudolph and Edith Mausard, “principal and interest upon the debt evidenced 'by the note and secured by the mortgage mentioned, and set forth in the complaint in this action, the

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sum of $6,362.07; also the sum of $123.29, principal and interest for sums expended by plaintiff according to the terms of said mortgage; also the sum of $235 attorney’s fee; also the sum of $27.10 costs of suit; that the plaintiff have and recover judgment against defendants Rudolf Mausard and Edith Mausard, his wife, for the several amounts above found due to plaintiff, amounting to the total sum of $—.”