Southworth v. Parker

The facts in this case out of which the controversy arises are few and simple. In May, 1874,, Edmund C. Parker and Amanda M'. Davis, being them tenants in common with equal interests, of a lot in Muskegon, gave jointly a mortgage thereon to one Delamater, to secure payment of the sum of $1,544.75. In the following January Parker mortgaged his undivided half for $1,200 or thereabouts to defendant Erwin. Subsequently complainant purchased the Delamater mortgage, and this suit is instituted to foreclose it. Erwin foreclosed his mortgage, and became purchaser of the interest covered by it in…