Catterlin v. Armstrong

Bicknell, C. C.

— In September, 1851, John W. Blake mortgaged land to Moses A. Kerr. Afterwards, in August, 1859, he and his wife mortgaged the same land and other lands to the appellee, to indemnify him as surety for Blake on certain notes. This mortgage was duly recorded. Kerr obtained a decree foreclosing his mortgage in June, 1860, but did not make Armstrong a party to the foreclosure suit. The land was sold under Kerr’s decree, in August, 1860, and the appellant Catterlin bought it for $305.50, and put valuable buildings upon it. All the other land embraced in the mortgage to Armstrong,…