Hankinson v. Hummer

The Chief Justice

delivered the opinion of the court.

This case comes before us on a rule to shew cause why satisfaction should not be entered of a judgment against Herbert Hummer and John Hummer, in favor of Joseph Hankinson and John Dawes, executors of William Housel, deceased.

John Hummer, at whose instance the rule to shew cause was granted, states in the affidavit then read to us, that the real estate of Herbert Hummer, the actual debtor, the other being a surety only, was sold under an execution upon the judgment, and purchased by the plaintiffs, Hankinson and Dawes, subject to a mortgage…