Bennett v. Winegar

This is an application to recover a deficiency judgment in a foreclosure case on a second mortgage, owned by plaintiff;, the first mortgage and costs only having been paid from the proceeds of the sale under execution of the mortgaged real estate. In this proceeding plaintiff recovered “$1,821.74 as a deficiency judgment.” Defendant Winegar appealed.

These are the facts in brief: In July, 1913, Edward P. Bennett was the owner of the real estate in suit, on .which the Security Investment Company, hereinafter called the company, held a first mortgage of $3,000, and John M. Bennett held a second…