Ayres v. Shepherd

Reed, V. C.

A single question is presented in each of these two cases—a question arising under the provisions of the Orphans Court act. P. L. of 1898 p. 738 § 65. This question is whether the suits were prematurely brought. • ' •

The owner of the equity of redemption, who is the assignee of the right of the mortgagor, died December 2d, 1901, testate, naming in his will Charles E. Shepherd as his executor. The complainant, who held, by assignment, the two mortgages on different portions of the real estate of the deceased owner of the equity of redemption, filed these' bills to foreclose his…