Wheeler v. Ellis

The opinion of the court was delivered by

Dixon, J.

On June 6th, 1887, the defendant executed and delivered to the plaintiff his bond for the payment of $1,070.83 to the plaintiff in one year, and a mortgage on two farms in Monmouth county to secure the bond. Both farms were then encumbered by prior mortgages. Subsequently foreclosure proceedings were instituted on these prior mortgages, in which proceedings the plaintiff was made a defendant and obtained decrees for the amount due him. On November 2d, 1889, and January 13th, 1890, the farms were sold under executions in these chancery…