Dunham v. Smith

In this case D. P. Smith, as Trustee, being the holder of a first mortgage made to him as Trustee, instituted suit to foreclose the mortgage.

The owner and holder of a second mortgage inferior in dignity to the first mortgage was made defendant. This de fendant filed a cross bill seeking to foreclose the second mortgage in the same suit. A motion by the complainant in the original suit to strike the cross bill was granted. A motion for rehearing was filed and denied. Application to file an amended cross bill was also denied. Prom these orders appeal was taken.

It was said by this Court in…