Campbell v. Sandy

August 24, 1934, the defendant W. P. Sandy executed a mortgage on real estate to plaintiff. The mortgage recited that Sandy was “a single man by divorce.” Sandy being in default, plaintiff brought this action to foreclose, joining Lancaster as a defendant, “who has and claims some interest” in the mortgaged premises. Sandy defaulted. Lancaster answered, alleging that in March, 1935, he instituted a suit against Sandy, and had caused an attachment to be levied on the real estate described in the mortgage; that thereafter he obtained judgment against Sandy; that execution issued on the…