Hibernia Savings & Loan Society v. London & Lancashire Fire Insurance

This is a suit for the foreclosure of a mortgage, of date September 6, 1895, made to the plaintiff by William Wallace, who died intestate February 25, 1896, leaving as his sole heir his mother, Mrs. Emeline Wallace.

The defendant Mrs. Cora Morton (who is the daughter of the latter) deraigns title to the mortgaged premises under a deed of date February 26, 1896, from Mrs. Wallace, who died May 26, 1896, and under a decree of date August 27, 1897, in the matter of the estate of William Wallace, distributing the property to her.

The defendant Larsen has an interest in part of the mortgaged premises under a contract to purchase, made March 16, 1896, with Mrs. Wallace, administratrix of William Wallace; -and the defendant Moore an interest in another part, under contract with William Wallace himself, of date July 2, 1895.

The defendant corporation has, or at least had, a lien on the premises subordinate to that of the plaintiff, under a judgment against Mrs. Wallace, docketed March 13, 1896.

Judgment was rendered for the foreclosure of the mortgage and of the lien of the defendant corporation, the judgment providing that the lands other than those of defendants Larsen and Morton be…