Dumont v. Taylor

The opinion of the court was delivered by

Smith, J. :

On July 8,1891, John B. Vance, trustee of the United Society called Shakers, of New'Gloucester, Maine, obtained a decree of foreclosure in the district court, based on a note and mortgage given by Henry H. Taylor. Plaintiffs in error are his successors in the trust. After the mortgage lien attached, *728Taylor sold the land to H. L. Frishman, who assumed and agreed to pay the incumbrance. An order of sale was sued out in May, 1894, but withdrawn by order of the plaintiff below. No other execution or order of sale was issued. After this, Frishman…