Driebholz v. Mentz

*43His' Honor,

CHARLES F. CLAIBORNE,

rendered the opinion and decree of the Court as follows:

Plaintiff issued executory process against defendant to satisfy promissory notes secured by mortgage on certain propérty. .After due proceedings the property was advertised for sale for cash and adjudicated to Gilbert J. Vincent on October 16th, 1915. At the time of the sale there were three mortgage creditors of the property.

The plaintiff held the first mortgage, some bank held the second, and Gilbert J. Vincent, the adjudicatee, held the third. Owing to some imperfection in the title the adjudi-catee…