Mendell v. Howard

— This case stands for itself and another wherein John A. Silvers is plaintiff against these defendants. The two involve the same questions and grow out of the same transactions, and they were consolidated in the circuit court and tried together. Plaintiff Mendell is a judgment creditor, with a junior lien on certain lands. He seeks to recover from defendants certain money claimed to he a surplus left in the hands of defendant January as trustee in a sale under a prior deed of trust.

Plaintiff Silvers seeks to recover the remaining part of the surplus by reason of being the owner by purchase…