Harrell v. Lombard

As holders of certain first mortgages, the plaintiffs, Hugh H. Harrell and Margaret Harrell, his wife, sought to foreclose them against parcels of land owned by Daniel Lombard, a defendant, upon which lands second mortgages were held by Ernest Fuld and Rosalyn Fuld, his wife, Ben H. Barbour, Jr. and Mildred D. Barbour, and Joseph Sassano, also defendants. The chancellor declined to grant a decree of foreclosure, and because of this, the appeal has ensued.

At the time of the institution of the foreclosure suit, the first mortgages were in default; and notice of acceleration had been given to…