Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-12-20
SUPREME coCRr oselslon.


SUPREME coERT peelaloN.
- ...---..-
- NV SOOus % TIE
- = ~ NJ A0A.
S c..,., e.''.s1, exSets Y ana Charles
ssNn.. Enecesos e tne estate q
-. .'s,
enes
Souny 1nN'
NpPelsans.
sss.s Nooumen ana We0n, Doo9e ana
. g. eNttosneys IOs nesponoen1.
"esste Sneeney dno MASSEY. Attor-
"eys s0T APpe.gan!.
OrlNiON
3arcn y 1879, James foiiocK,
nls "ile Jena ana Dan1ei roWeii, VINO
are aumltted 10 nave Deen the owners
At tnat Time. executed 10 B- y STEIN
man and =. g. cummings as trustees,
.lust ueeo LOT ce.taln properly near
.senO - secure ne paynen. VI
plolniSo,y ho.e VI tne Same uate CIV
IN ny Inc oiiocks ana rover 70
elrers ano ~ e = -. Is SAVINGS BANK
~, =. oae, dIen.o ioI $o'vVV anu inleresa
ms oeea dlrecteu tne trustees "a
vase u ueiduit IN payment 70 sen
Inc properly At sac amento aiter CIV
ing no!lce, 10 Apply the proceeds IN
sat'siactlon OF the note ana ccsLs OF
SAFE ana 10 pay any excess 10 tne
gfantors.
On august 81, 1895. the PollocKs
and POWELL executed to Martin Gulling
mortgage on the same premises for
S1,VSz.6O, and interest thereon from
that date at eight per cent per annum,
which is sought to be foreclosed n
this action and which specified thai
II was gwen subject to the trust deed.
On February 70, 1897 the Pollocks and
Powell conveyed their interest in the
property to Wasnoe County Bank for
stated consideration OF $14,OOO.Oo,
winch comprised the amount OF $S.-
800, estimated to be due to the Farm
ers and Mechanics Bank of Sacram-
ento ON the note secured by the trust
deed and s., 200 due from the Poliocks
and Powell to the Washoe County
Bank on unsecured notes which were
surrendered to them. On February
rs. 1897. the Farmers and Mechanics
Savings Bank commenced suit to re-
cover the amount due on its note stat
! ed at $8,639.73, and for foreclosure Of
the trust deed and sale to satisfy that
amount against the Pollocks, Powell,
] Thomas E. Haydn, Henry Anderson,
John Doe, Ricls,d Roe, Michael Doe,
! B. U. Steinman and e. H. Cummings
Neither Martin Gulling nor the Wash
oe County Bank were named as par
! ties in the complaint, but both were
served with summons under the f1cti-
cious designations of defendants who
were alleged to have some title, claim
or interest which was second and sub
ordinate to the right of the Farmers
and Mechanics Bank arising from the
trust deed. On March 8, 1897 Martin
Gulling filed IN answer in that action
| in which the name of Washoe County
Bank is not mentioned in the title,
body or prayer. 1t stated that its
allegations were made in obedience
to summons therein issued and served
upon him and answering the COM
plant therein" In this answer ne
admitted the priority of the claim ct
the Farmers and Mechanics Saw
ings Bank under the trust decd,
thereby avoiding any real ielsne
with the plaintiff, but he alleged
the execution Of the mortgage to him
/ by the POllOcks and 1Owell, that other
persons claimed m interest in the
| premises which was subsequent to mis-
mortgage, and he asker for judgment
against the morgagors for principal.
/ interest and attorney fees, for the
usual decree Of sale. that the proceeds
be applied first to the satisfaction u
any judgment which Farmers and
Mechanics Bank might obtain. and
second to the payment 81 any 1uds-
ment he might recover, that ne nave
execution Tor any denciency against IN
Follocks and Powell, ana that they.
1nomas ~ Haydn. nenry Anderson,
B. u. Stolnman ana =, H cummings
and all persons claiming under tnem
subsequent to the execution OF AIS
mortgage be barred ana foreciosed VI
an right, claim or equity OF re-
demption.
On March 70, 1897. Twelve Gays aIte.
! Gulling hled his answer, Steinman ana