601 West 26 Corp. v. Equity Capital Co.

These are consolidated appeals of a final decree and orders entered in a mortgage foreclosure suit.

The plaintiff filed a complaint to foreclose two mortgages. The first mortgage had been executed in July, 1963, the second in November, 1963. The July mortgage encumbered certain parcels while the November mortgage encumbered additional parcels as well as some of the parcels encumbered by the July mortgage.

In the foreclosure decree of the July mortgage the chancellor held that, “This final decree does not eliminate any lien which the plaintiff, (mortgagee) Equity Capital Company has on any of…