Enosburg Falls Savings Bank & Trust Co. v. McKinney

The facts in this case are that in 1924 the defendants executed a note secured by a mortgage which was assigned to the plaintiff. Thereafter’, default having been made in the payment’ of the note, suit was instituted against the defendants and others, judgment rendered, the mortgaged land sold and the amount credited on the judgment. In 1932 the plaintiff filed its praecipe for execution.for the deficiency, and the execution was issued. The sheriff levied on 150 acres of land in Johnston county and proceeded to offer it for sale. On April 25, 1932, the defendant Mildred McKinney filed her…