Jaekel v. Wanamaker

Judgment may be entered decreeing that the property be sold and the proceeds applied to pay the amounts due to plaintiff and the defendants Richter in such proportions as the amount due to each is to the whole sum due under the bond and mortgage. Plaintiff by her complaint assumed the burden of establishing that the defendants’ assignment was subordinate to that of her testator. That burden has not been sustained.

The parties, by their attorneys, appeared and offered documentary proof and a stipulation that the defendants if called would testify they paid $1,000 for their assignment and had no…