Gruss v. Curry

This is an appeal by a defendant, Hyman Gruss, the second mortgagee in an action of foreclosure of land in Norwalk, from the court’s decree awarding a net balance of $342.44 remaining in the hands of the receiver of rents, after title had vested in the plaintiff, to Mrs. Curry, one of the defendant mortgagors, instead of to him. The material facts stated in the finding, with the corrections we must make in it, may be thus summarized: The defendants Curry, who are husband and wife, executed a first mortgage of the premises for $4000 to the Norwalk Building, Loan and Investment Association, and…