Bigelow v. Davol

The facts in this case, so far as they control the questions of law involved,, are few and simple; but there are some unimportant questions respecting the premises, and also respecting an old mortgage which appears to be destroyed by lapse of time. The question upon which the determination of this appeal must turn is whether the holder of a second, mortgage, whose assignment was duly recorded, can maintain an action for the foreclosure of her mortgage, where the holder of a prior mortgage has foreclosed his mortgage by an action in the supreme court, without making the holder of the second…