Judges: PER CURIAM. —
Attorneys: Haley Heintz, and J. W. Holland, for Appellant;
H. L. Anderson, for Appellee.
Filed: Oct. 22, 1925
Latest Update: Mar. 02, 2020
Summary: In foreclosure proceedings brought by N. G. Wade Investment Company, a corporation, against *Page 404 S. G. Gay and wife and Armour Fertilizer Works, a corporation, it appears that Gay and wife executed to N. G. Wade Investment Company a mortgage upon real estate to secure the payment of designated notes, the mortgage containing a covenant that the mortgagor "will keep the dwelling house and barn on said lands insured in some standard insurance company or companies, in the sum of $2,000.00 each,
Summary: In foreclosure proceedings brought by N. G. Wade Investment Company, a corporation, against *Page 404 S. G. Gay and wife and Armour Fertilizer Works, a corporation, it appears that Gay and wife executed to N. G. Wade Investment Company a mortgage upon real estate to secure the payment of designated notes, the mortgage containing a covenant that the mortgagor "will keep the dwelling house and barn on said lands insured in some standard insurance company or companies, in the sum of $2,000.00 each, ..
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An application for rehearing insists that as a decree pro-confesso was entered against S. G. Gay, he is not a necessary party to the appeal as taken. If Gay is not made a party to the appeal, the decree as to him
would not be affected by the appeal according to the authorities cited for the appellant; and unless the decree against Gay may be affected to the extent of the application of the $4,000.00 insurance money, the appeal can accomplish nothing.
Rehearing denied.
WHITFIELD, ELLIS, TERRELL, STRUM AND BROWN, J. J., concur.
