Minton v. Sutton

The complainant foreclosed his mortgage and at the sheriff's sale purchased the property and took title. He failed to make May Strauss Sherman, the holder of a subsequent mortgage, a party to the foreclosure, and now brings this suit to have the Sherman mortgage, now claimed to be owned by the defendants, Mrs. Sutton and Mrs. Reilly, removed, as a cloud on its title, by compelling its surrender and cancellation of record. He alleges that the mortgage was paid by the defendants after his foreclosure suit was begun and is no longer a lien. He also sets up that the defendants are estopped from…