Kirby v. . Fitzpatrick

Johnson, Ch. J.

Fitzpatrick having in his hands certain moneys, which were the surplus proceeds of a mortgage sale made by advertisement under the statute, and the plaintiffs having judgments against the mortgagor, and asserting conflicting claims to the surplus, they respectively brought actions against Fitzpatrick to recover the surplus. He, thereupon, on affidavits, applied to the court, under section 122 of the Code, to be discharged from the litigation, on bringing into court the surplus in his hands. It was accordingly ordered, that on his paying into court the sum in his hands, less…