Derr v. New York Joint Stock Land Bank

Opinion by

Mr. Justice Stern,

Plaintiffs executed to defendant New York Joint Stock Land Bank a judgment note in the sum of $4,000, se cured by a mortgage on three contiguous tracts of land of which they weré the owners and in possession. They defaulted in the payment of installments of .principal and the Bank entered judgment on the note and issued a writ of fieri facias returnable the first Monday of August, 1933. The sheriff levied on the lands and advertised a sale for a date prior to the return day. On July 18, 1933, Elwood Derr, one of the plaintiffs, presented to the court a petition for…