Smith v. Roberts

— This is an action to foreclose a mortgage for $3,000 made by one Joseph A. Benjamin to Edward Smith, dated the 15th day of June, 1865, covering three undivided fourth parts of certain premises owned by him.

The mortgagee Smith has since died, and this action of foreclosure is brought by the plaintiffs as executrix and executor under his will.

*197The defendant Roberts, whose mortgage covers an undivided one-fourth part of the premises and who is a second mortgagee, interposes as a first defense that the plaintiffs’ mortgage is paid, and, second, that by virtue of a judgment in an action brought…