Herrick v. Tallman

— The plaintiff is the owner of certain real estate described in the petition. She obtained the title thereto from John A. White, subject to certain mortgages thereon. The prior mortgage was given to E. M. Condit; the second, given to secure several promissory *442notes. The note first due, secured by this mortgage, was assigned to and became the property of Emma Newman. The remaining notes were assigned to and became the property of John Merritt, who died after the commencement of this action, and the executors of his estate were substituted as defendants. In December, 1884, Merritt foreclosed…