Franklyn v. Hayward

The defendant Hayward, who held a junior mortgage, was not made a party to the action in which a judgment of foreclosure and sale was made under a "previous mortgage executed by Richard M. Tweed. That foreclosure, did. not affect the defendant Hayward, and his interest remained the same as though that foreclosure had not been *44ordered. The omission to make Hayward a party to the previous foreclosure action arose' through a mistake of fact. The register did not, on his return to the requisition of the plaintiffs in that action for incumbrances, make any mention of the Hayward mortgage, and he…