Alflen v. McClenaghan

There is but one important inquiry-presented in this proceeding. It relates to the question whether a personal judgment can be recovered by a cross-petitioner in a foreclosure suit, when such cross-petitioner is the holder of a note and mortgage on the same land upon which the plaintiff is seeking to foreclose.

It appears that the plaintiff in error, Gertrude Alflen, was the holder of a note against the original defendant, which note was secured by a second mortgage upon certain land. Said note and mortgage had been executed by a codefendant, W. J. McClenaghan, now one of the defendants in…