Vaughn v. Clark

Lake, Ch. J.

This case, although entitled as' one in error, was really brought into this court by appeal. Flowever, the case being one in equity is properly before us, and it will be considered the same as if this technical irregularity did not exist.

The action below was brought by Clark and French as junior mortgagees, for the purpose of enforcing their equitable lien against certain surplus moneys in the *239hands of the sheriff of Merrick county, realized by that officer on the sale of the mortgaged premises under a judgment of foreclosure, rendered on a prior mortgage on the same premises. The…