State Ex Rel. Netherlands-Am. M. Bk. v. Sup. Ct.

This is a proceeding by writ of certiorari to review an order made in supplemental proceedings had in the superior court.

A brief statement of the facts out of which the controversy arose, together with the subsequent events in the progress of the litigation, will be of aid in understanding the conclusion at which we have arrived.

Respondent William D. Perkins brought an action against a number of parties, including relator Netherlands American Mortgage Bank, to foreclose a real estate mortgage. A money judgment was sought against the bank, on the ground that it had assumed the mortgage by…