Montgomery v. Byers
Before: Field
Synopsis
A person who, pending an action for the foreclosure of a mortgage and with notice of its pendency, purchases from one of the defendants therein a portion of the mortgaged premises, occupies the same position as his grantor in reference to the issuance of a writ of assistance in favor of the purchaser under the decree.
The doctrine of Montgomery v. Middlemiss, (ante p. 103) in reference to the issuance of writs of assistance, affirmed and followed.
Field, C. J. delivered the opinion of the Court Norton, J. concurring.
The respondents purchased of one of the defendants after the commencement of the action, and with notice of its pendency. They occupy, therefore, the precise position of their grantor. In other respects the case is covered by the decision in Montgomery v. Middlemiss—recently rendered. Upon that authority the order of the District Court must be reversed, and that Court directed to issue a writ of assistance as prayed in the petition of the plaintiff.
Ordered accordingly.
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