Elliott v. Carroll

The opinion of the Court was delivered by

Mr. Justice Baker.

This opinion is substituted for opinion in this case heretofore filed, and the former opinion is hereby withdrawn from the files of the Court.

This is the second appeal in this case.

The attorneys for respondents in the “statement” contained in their brief have succinctly stated the history of this litigation and is as follows :

“The history of the case is as follows: It is one for judgment against the defendant Francis F. Carroll, on his certain bond, and for the foreclosure of a certain mortgage of real estate, given to secure said…