Milmo National Bank v. Rich

JAMES,

Chief Justice.—The facts material to this appeal may be stated as follows:

W. S. Delaney had executed two mortgages on a 1280 acres tract (other lands being included, which fact is immaterial, as the case is presented), both recorded. The senior mortgage was foreclosed in Colorado County in a suit against Delaney to which the junior mortgagee was not made a party, and an order of sale issued thereon to the sheriff, who advertised and sold the land to Shaw and another for $8000, of which sum, after pay ing off the judgment, there was left $1671.80 surplus in his hands. The sale took place…