Shearer v. Field

It is undisputed that the defendant is in possession of these premises, claiming as a purchaser at a sale under a judgment of foreclosure* of what is known as the Briggs mortgage. It is also undisputed that the four and one-half acres of which the plaintiff claims to he. the owner, was subject to the lien of that mortgage; that it was owned by one Barney Welch, who was in possession at the time of the foreclosure of the Briggs mortgage, and that Welch had given a mortgage upon that parcel of land which was subsequent to the Briggs mortgage. It is undisputed, too, that this subsequent mortgage…