Shiveley's Administrators v. Jones
Court of Appeals of Kentucky
Error to the Louisville Chancery Court. Chancery. Case 54. A purchaser under a sale made undera decree of foreclosure and sale under a junior mortgage, where the senior mortgagee was not a party-may properly, on petition, have the sale and his purchase set aside. A decree of foreclosure and sale of mortgaged estate is properly set aside on bill of review, where the ‘ mortgagor had died and his heirs were not before the Court.
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Error to the Louisville Chancery Court. Chancery. Case 54. A purchaser under a sale made undera decree of foreclosure and sale under a junior mortgage, where the senior mortgagee was not a party-may properly, on petition, have the sale and his purchase set aside. A decree of foreclosure and sale of mortgaged estate is properly set aside on bill of review, where the ‘ mortgagor had died and his heirs were not before the Court. Is the equity of a junior mortgagee 'barred by a foreclosure and sale under a senior mortgage, where the senior mortgagee had no knowledge of the junior mortgage, and…
1Opinion of the Court
Judse Marshall
delivered the opinion of the Court.
The junior mortgagee not having made the elder mort. gagee a party to his suit for foreclosure and having proceeded to decree and sale after a decree and sale and conveyance to the purchaser under the elder mortgage, the legal title did not pass to the purchaser under the junior mortgage, and the sale was properly set aside on his petition disclosing the facts and his mistake as to the title which he was purchasing.
For the defect in the proceeding already stated, and because the heirs of the mortgagor were not propérly before the Court in the…
2Cases cited2 opinions
- Watson v. WilsonCourt of Appeals of Kentucky · 1834
- Norris v. Norris' AdministratorCourt of Appeals of Kentucky · 1840
3Cited by1 opinion
- Abrams v. ErvinSupreme Court of Iowa · 1859