Ferris v. Hard

This action is brought to foreclose a mortgage made by the defendant, Samuel B. Hard and wife, to Joseph Book, and by him assigned to the plaintiff. The defendant, Gideon Hard, was a prior mortagee, and the complaint contained the usual allegation that he had or claimed some interest in the mortgaged premises, which was subsequent, inferior and subject to the lien of the plaintiff’s mortgage.

Gideon Hard interposed a separate answer, setting up his mortgage and asserting the superiority of his lien.

The cause was referred to M. P. Fillmore, Esq., to try the issues raised by the several answers…