Hollowell v. Simonson

A suit was instituted by the State, on relation of the Auditor, against Larue and wife, mortgagors of certain property to a trust fund. Junior incumbrancers were made defendants, to-wit: Hollowell, Haines, and Roberts, each of whom had judgments rendered in 1858 and 1859, against one M. V. Simonson, in whose wife, Catharine, the title, by deed dated in 1852, appeared to rest, as the remote grantee of said Larue.

There was no controversy about the right of the plaintiff to recover; nor is there any question made herein that behalf.

The question is, who shall have the overplus after the paymeut…