Platt v. Carroll

(concurring) : Action for the foreclosure of two mortgages, one given by Julia R. Carroll on December 29, 1902, and the other by Francis F. Carroll (to whom Julia R. Carroll had in the meantime conveyed), on November 22, 1906. The action is against Francis F. Carroll alone, and the question is whether or not judgment of foreclosure can be entered against him; a subsequent purchaser, upon the Julia R. Carroll mortgage, for an amount in excess of the penalty of the bond which that mortgage secures. There is no contest as to the liability of the defendant upon the mortgage which he executed.

The…