Bernstein v. Heiatzman

BOND, J.—

I think the objection of the jurisdiction of the equity court in this case is fatal. The bill is filed by judgment creditors of Albert M. Horner, to have applied in satisfaction of their judgment money which it is alleged the defendant, Mrs. Goodwin, owed Horner as the purchase price of property bought at the foreclosure of a mortgage upon it. It is not a bill to set aside any conveyance or act. (Code, Art. 16, Sec. 46. Bagby’s Code, Sec. 47.)

It is prayed that the mortgage referred to, be declared to have been owned, in fact, by Horner; but that would be merely as a step in ascer*174taini…