Andrews's Adm'r v. Dudley's Assignee

Opinion by

Judge Lindsay:

Although it is alleged that Cord purchased at the assignee’s sale, for the sole purpose of ascertaining the value of the mortgaged property that he might credit the note against the bankrupt for that sum, it is also averred that the assignee denied and repudiated the appellant’s mortgage lien, and instead of concurring with Cord in this object, claimed and exercised the right of selling the absolute title to the lot, unencumbered by the lien herein asserted. There was, therefore, no contract, between Cord and the assignee, for the state courts to specifically enforce.

If…