Supreme Pretzel Co. v. Superior-Supreme Pretzel Co.

Shanaman, J.,

Plaintiff, the assignee of a second mortgage, obtained execution by a sheriff’s sale of the encumbered premises. At the sale it bought the property for $10 and now has brought suit against the owner at the time of the execution, to recover costs, taxes, a mortgage debt, and an item of interest paid by plaintiff to the holder of the first mortgage, which accrued up to the date of the sheriff’s sale.

Plaintiff bases its right to recover upon a clause in the deed whereby defendant took title, wherein the conveyance is stated to be under and subject to the said mortgages, “the payment…