Schmisseur v. Rebhan

Harrison Sehmisseur, as guardian of certain minors, in 1932, prior to the enactment of the Civil Practice Act, filed a hill to foreclose a mortgage executed by defendant Elizabeth Rebhan, to secure an indebtedness of $12,000. It joined as defendants Frank H. Carson, trustee in a mortgage to secure certain notes aggregating $27,800, and also the several holders of the notes thereby secured. The Carson mortgage was a junior lien upon the premises sought to be foreclosed by the Schmisseur mortgage. The noteholders answered the bill, asking that they be paid any surplus of the proceeds of sale of…