Milliken v. Ham

This action was brought by Ham to foreclose a mortgage on certain real estate, executed by Welch and wife, to secure the payment of a note given by Welch to Ham. Milliken was made a defendant because he claimed to have purchased the real estate at a sheriff's sale on an execution issued upon a judgment against Welch, of a date prior to that of Ham’s mortgage.

The complaint, as finally amended, states that Welch and wife executed the mortgage to Ham on the 26th day of January, 1864, to secure the payment of the note of Welch for two hundred and fifty dollars, at eleven months, and avers that…