Ewing v. Ainsworth

On the nineteenth of April, 1858, one Alberry executed to the appellee, Ainsworth, a mortgage on a tract of land in McLean county, already subject to a deed of trust which Alberry agreed to pay. Ewing and others, the plaintiffs in error, had obtained a judgment against Alberry in January, 1858, in the circuit court of Cook county, and on the twenty-eighth of May, 1859, an execution upon said judgment was levied on the mortgaged premises by the sheriff of McLean county, and a certificate of levy filed for record on the same day. Ainsworth foreclosed his mortgage in 1860, without making the…