Tharp v. Edmiston

O’NIELL, Chief Justice.

¡ The recorder, of mortgages has appealed from a judgment ordering him to cancel certain junior mortgages on property which the plaintiff bought at a sheriff’s sale in foreclosure of the senior mortgages held by him. These senior mortgages, on which the plaintiff foreclosed by executory proceedings, amounted to $9,000, less a credit of $409. He bought the property for $800, which was the last and highest bid; and, after paying the court costs, he retained the balance of the $800 in part payment of his mortgage notes. Thereafter the sheriff directed the recorder of…