Jones v. Scott

Opinion by

Judge Pryor:

We concur with counsel for the appellants that the present action is to foreclose the mortgage of 1851 to satisfy the judgment of 1855. Scott, in 1851, had mortgaged the land in controversy to Price and Thompson to secure certain sums of money, and after the mortgage had been recorded the appellant, Jones, with notice, actual or constructive, of its existence purchased the land of Scott. Price and Thompson, or those representing them, proceeded by an action in equity to recover judgment against Scott and to enforce the lien on the land sold Jones. A judgment was rendered…