Berner v. Kuzinski

Action to foreclose a mortgage. The evidence reveals that in April, 1941, the plaintiffs and the Warwick Savings Bank held mortgages on premises owned by Stephen E. Donohue. After a default by Donohue in the payment of interest due upon the bond secured by a first mortgage, the Warwick Savings Bank commenced an action in July of 1941 to foreclose its mortgage. Through error, the plaintiffs, who owned a second mortgage, were not made parties to that action. The property was conveyed at the foreclosure sale in November, 1941, to the Warwick Savings Bank, and in February, 1942, that bank…