Service Mortgage Corp. v. Welson

The plaintiff before bringing this bill in equity had recovered a judgment against the defendants Annie Welson and Joseph Welson, who are husband and wife, in an action at law in which an attachment of real estate belonging to Annie Welson had been made. At the time of the attachment the real estate was subject to a first and a second mortgage. The plaintiff was proceeding to advertise a sale of the property on its execution (G. L. [Ter. Ed.] c. 236, §§ 26-30) when the defendant Milton Welson, a son of the other two defendants, claiming to be *411the assignee and holder of the second mortgage,…