Hughes v. Mount Vernon Bank

The Mount Vernon Bank held four notes secured by a mortgage on real estate. The bank sued the notes to judgment and had the execution levied on thepnortgaged property. It was agreed between the mortgagor and the mortgagee that the entire estate should be sold. Just before the sale, the plaintiff in *24error lodged with, the sheriff a general judgment against the mortgagor, of date younger than the mortgage but older than the judgment based on the mortgage debt, and notified the sheriff to hold up the funds. The property was then sold; and all parties admit that it brought full value. The…