601 West 26 Corp. v. Equity Capital Co.

These consolidated appeals are by defendants from a decree and two subsequent orders. Suit was brought for foreclosure of two inferior mortgages. The one which was first in time encumbered numerous parcels aggregating a score of lots. The other encumbered the same and additional property.

While a ruling relating to the later of the two mortgages was appealed, the trial court proceeded with the foreclosure of the other. A foreclosure decree was entered October 8, 1964, finding $189,758.03 due thereon. The decree ordered sale on October 22, 1964, on the required published notice. On October 20,…