Marlee, Inc. v. Bittar

The plaintiff brought an action to foreclose a purchase-money mortgage signed by the defendant. The defendant sought to rescind the purchase, and claimed a lien upon the mortgaged premises for moneys paid by her. Judgment of foreclosure was rendered in favor of the plaintiff and pursuant to that judgment the property was sold at public auction and was bid in by the plaintiff for the sum of $100. The defendant appealed from the judgment but secured no stay pending the appeal. The judgment of foreclosure was reversed and then it was adjudicated that the defendant had a lien in the sum of…