Dutch v. Anderson

Newcomb, C.

The appellants were mortgagees of a sawmill, and Anderson, one of the appellees, was a purchaser of the same mill, at a sheriff's sale, on an execution against the property of Matthews, the mortgagor, issued subsequent to-the mortgage to the appellants. The mortgage was dated October 16th, 1873, and was duly recorded. On May 12th, 1875, the appellants commenced an action to recover possession of the mortgaged property, making Anderson, Matthews and the other appellees defendants thereto. The defendants, severally answered by a denial of the complaint. A jury trial was had, which…