Gerard v. Birch

The Chancellor.

The bill is filed for relief against a judgment and execution upon a lien claim in favor of the defendants, Birch and *318Bender, under which they were, at the time of the filing of the bill, proceeding to sell certain land owned by the complainant, and bought by him at a sheriff’s sale under an execution issued out of this court in a suit brought by him for foreclosure of a mortgage thereon.

Birch and Bender were not parties to that suit. It was begun on-the 18th of Eebruary, 1876, and they had not, when it was commenced, filed their claim of lien, though the last item in their…