Gillian v. McDowall

Pound, 0.. The facts involved in this case may be stated summarily as follows: A suit was brought to foreclose a tax lien upon certain lands covered by a mortgage. No assignment of the mortgage appearing upon the record, the mortgagee was made a party and served with process. Decree of foreclosure was afterwards rendered, the mortgag-eei makingi default. Sale was had pursuant to such decree and. the property was purchased by one of the defendants, who thereupon put his deed upon record. Prior tc the foreclosure suit, the mortgage had been assigned to the present* plaintiff by sale of the note…