Brolasky v. Miller

The opinion of the court was delivered by

Green, C. J.

The bill in this cause was filed to foreclose a mortgage given by James Clark and wife to Simon Brolasky, the complainant. A decree pro eonfesso was taken against Clark and wife, no appearance having been entered, or answer filed by them. Miller and Ware, the other defendants, answered. By the pleadings, it appears that Miller and Ware hold a mortgage upon the premises subsequent to the complainant’s mortgage. It also appears that the interest of Clark in the mortgaged premises, was sold at sheriff’s sale, by virtue of executions at law…