Knowles v. Sullivan

This is an action for money had and received to the plaintiff’s use. The defendant is a mortgagee who has foreclosed his mortgages by sale, and who has in his hands a surplus over the mortgage debt. The plaintiff is one of two partners who, while the mortgages were outstanding, made contracts with the mortgagor for labor and materials on the premises and filed certificates of liens. The two, after proper proceedings, got a decree of sale and a sale, at which the plaintiff purchased, on May 12, 1900. Later in the same month the defendant made his mortgage sales, which were completed by the…