Robichaud v. Worsham

The facts are stated in the opinion of the court, delivered by

Martin, J.

The plaintiff purchased at a sheriff’s sale under an order of seizure and sale, a tract of land of two arpents in front. He afterwards discovered that the person against whom the order had been obtained was in possession of one-half of the tract only, the other half being in possession of the defendant, under a title which was subject to the mortgage on which the order of seizure and sale had been obtained.

Considering himself subrogated by the payment of the debt to the mortgagee’s rights, he instituted a suit against the…