Hensicker v. Lamborn

Complaint by the appellees against the appellants for the foreclosure of a mortgage. It is alleged in the complaint that the plaintiffs “ obtained judgment at the January term, 1857, of said Court of Common Pleas, for the amount due upon the note secured by the aforesaid mortgage; but that no payment or satisfaction has been made of the same, and no execution has issued thereon.”

Demurrer to the complaint overruled, and judgment of foreclosure entered.

The only question raised in the case is, whether a mort*469gagee, having recovered a judgment upon the debt secured by mortgage, and having taken…