Ehrsam v. Smith

The opinion of the court was delivered by. Johnston, J.:

This was an action by J. B. Ehrsam to enforce his alleged right, as a creditor of the J. B. Ehrsam Machine Company, to redeem certain real estate of that corporation previously sold at a judicial sale.

On June 1,1894, the machine company gave a mortgage to Guilford Smith to secure the payment of a debt of $25,000; the mortgage was foreclosed, the decree being entered on February 12, 1897, which, among other things, directed the sale of the mortgaged property at the expiration of six months thereafter, if the personal judgment was not…