Brown v. Thompson

John S. Thompson appeals from an order refusing to Yacate a sale in chancery made under a decree for the payment of installments of a mortgage, which bad become due since the first decree.

*73That decree was satisfied without a sale. John S. Thompson was brought in as a subsequent purchaser or encumbrancer, and by publication as an absent defendant. Rensselaer Thompson, the mortgagor, was personally served, but made default. Neither party defendant appeared--.in the suit before the original decree, which was entered March 8, 1871.

On the 6th day of December, 1872, complainant swore to a petition…