Parcells v. Nelson

This is an appeal from a judgment on the pleadings in an action instituted to foreclose a third mortgage on a tract of land, determine plaintiff’s right to redeem from a sale on foreclosure of the first mortgage, and to compel an accounting for the use and occupancy, the rents, issues and profits during the occupancy of the defendants, in order to fix and determine the amount necessary to be paid in order to redeem.

The facts set out in the pleadings are substantially as follows: Prior to January 2, 1924, Olof Nelson was the owner of the land in question, and on that date mortgaged it to one…