Marks Bros. Paving Co. v. Ouellet

CARROLL, CHAS., Judge.

The appellee Louis E. Ouellet foreclosed a second and third mortgage on real estate without joining the appellant Marks Brothers Paving Co., holder of a lien for labor and materials inferior to the second mortgage but superior to the third mortgage. A final decree of foreclosure was entered, under which the property was sold to the appellee-mortgagee, to whom the clerk then issued a certificate of title.

While that foreclosure was pending the appellant Marks Brothers Paving Co. filed a suit to foreclose its lien, without joining the appellee1 who held the third mortgage,…