Polster v. General Guaranty Mortgage Co.

STURGIS, Judge.

This is an appeal from a summary final decree reforeclosing the lien of appellee’s first mortgage against the claim of appellants as assignees of a second mortgage upon the subject realty.

Appellants were the owners of the inferior second mortgage lien when the first mortgage was originally foreclosed, but were not made parties to that action due to failure of the abstract of title, upon which plaintiff-appellee relied, to include the second mortgage transaction and assignment thereof. Appellee acquired title to the property by purchase at the foreclosure sale, then conveyed…