Stiles v. Bailey

De G-rafe, J:

Tbis case presents a question of law. The facts are not in dispute. The only claim of vantage asserted by plaintiff is based on the fact that a judgment in law on the second mortgage note was secured by him against „ , , ,,,,,, one Ford, the mortgagor, subsequently to the _ _ . _ date of the decree and sale of the real estate under the first mortgage foreclosure, in which appellant was made a party defendant, as the holder of the second mortgage on the real estate involved in said foreclosure action.

The controlling legal principle may be understood by a statement of. the…