Berry v. Nelson

By the Court,

Smith, J.

For tbe better understanding of tbis case we shall state, as fully as need be, tbe material facts involved. The bill was filed by the complainant, Berry, July 29th, 1853, to foreclose .a mortgage executed tbe 30th day of September, A. D. 1845, by Reuben M. Doty and his wife, defendant herein, to Robert H. Rowen, which was subseqently assigned to the complainant. On the 6th day of February, 1851, Doty and wife mortgaged the same premises to William Nelson, one of the defendants. The other defendants are incumbrancers subsequent to Nelson. Personal service was had upon…