De Vincentis Et Ux. v. Holden

Opinion by

Mr. Justice Simpson,

Plaintiff appeals from an order of the court below opening a judgment, so far as concerns two of the judgment debtors. The order must be reversed.

Plaintiff was the owner of a plot of land, subject to a duly recorded blanket mortgage, dated May 7, 1926, and payable five years thereafter. It stated that specified tracts would be released on the payment of specified sums. On March 28, 1929, plaintiff entered into a written agreement with Harry E. Holden, Philip Sklar and George R. Holden to sell to them one of these tracts for $42,000, the agreement stating that…