Bond v. Carroll

This is an action to restrain the sale of real ■estate to satisfy a mechanic’s lien in favor of the defendant Clapp. The plaintiff claims title to the land under a sheriff’s deed given on the foreclosure of a mortgage. The mortgage foreclosure w,as by advertisement, and the sale was prior to the mechanic’s lien. It is objected that the evidence does not show that the party giving the mortgage *348bad title to tbe land and the right to mortgage it. This objection is not well taken, for this reason,— if no other existed,' — That both parties derive title from the same source. Lawson H. Rice…