Whipple v. Edelstein

The action is in foreclosure. It appears from the moving papers that two actions are now pending' for the foreclosure of mortgages convering the same real property. On or about June 6, 1932, Samuel Shemin commenced an action for the foreclosure of a mortgage upon the premises. In such action the plaintiff here, Scudder T. Whipple, was made a defendant under a general allegation that he, among other defendants, had or claimed to have some interest in, or lien upon the mortgaged premises subordinate to that of the plaintiff Shemin. The plaintiff here served an answer in the Shemin action…