Donovan v. McDevitt

On November 5, 1901, James McDevitt recovered a judgment against- the appellant, Donovan, in a mortgage foreclosure proceeding, and on April 19th following an order of sale was issued; but before the day of sale the parties entered into a stipulation which fixed the amount of Donovan’s indebtedness to McDevitt, provided for its payment in certain installments, and for a stay of execution if such installments were paid. It also provided that McDevitt should collect rent from certain property belonging to Donovan, and apply such rentals toward the discharge of the judgment. The sum of $695 was…