Burns v. Prudential Insurance Co. of America

The decree of the trial court so aptly sets out the question.under consideration that we adopt it in part:

‘ ‘ The defendant brought an action * * * to foreclose a mortgage. The plaintiffs, owners (and spouses) by inheritance from the mortgagor of a two-sixths interest, were named as parties, but had not been served at the time decree was entered as to the other owners. The cause was continued as to them. Special execution issued, levy was made on the real estate, sale was had, and the * * * defendant (herein) became the purchaser for the full amount of the debt. Five days before the sale…