Lotz v. Folger

Buchanan, J., (Ogden, J., absent.)

The plaintiff sued the defendants by the via executiva upon two notes amounting' to $750 secured by a vendor’s mortgage, to which he alleged that he had boon subrogated. The property mortgaged was seized and sold by the Sheriff. It was adjudicated to plaintiff himself for $2,400, and plaintiff claimed to retain in his hands the balance of the price in satisfaction pro tanto of a special mortgage of $2,000, held by him^ and which figured upon the certificate of mortgages as second to that on which the property was sold. Three parties, holders of judicial…