142 Ind. 109 | Ind. | 1895
The appellee Winchel sued the appellants and her co-appellee, Samuel Moore, to foreclose a mortgage on certain described real estate in Grant county. Moore was defaulted. He was made a defendant because it was alleged he held a judgment lien on the mortgaged premises junior to that of the plaintiff’s mortgage.
The only answer filed by appellants was a plea in
He was entitled to appeal from the judgment, and being a co-party to the judgment with the appellants he should have been joined as a co-appellant with them, and notice served on him as such which is an unofficial notice. Burns R. S. 1894, section 644, R. S. 1881, section 635; Gregory v. Smith, 139 Ind. 48; Wood v. Clites, 140 Ind. 472; Benbow v. Garrard, 139 Ind. 571. No such notice was served on him.
The appeal is therefore dismissed.