Potter v. Rowland

Action to redeem mortgaged premises situated in Buffalo. Clark, the owner of the premises, in November, *1341831, executed a mortgage thereof to Day, which was at that time duly recorded in Erie county. In 1838 and 1839, judgments were recovered against Clark in the Supreme Court, which became liens on the mortgaged premises. In July, 1840, Day commenced the foreclosure of his mortgage in equity, under the act of 1840, chapter 342, “toreduce the expense of foreclosing mortgages in the Court of Chancery.” He did not make the judgment creditors parties. The defendants are purchasers under a…