Hunt v. Oliver

Syllabus

<p>Mortgage — Supersedeas.</p> <p>A mortgaged real estate to B, .0, and D, including the south half of a fractional section. Two years later B assigned his interest in the mortgage to C and D, and took from A, who was embarrassed, a conveyance of all his property, including:the other half of the fractional section. This was done to aid A. in disposing of his property, and-paying his debts. It was found in the decree below that it was for the joint benefit of B and his co-mortgagees. • The mortgaged property was purchased by C at foreclosure sale. A brought suit against B, C, D, and others in possession, to redeem all the estate conveyed to B. An accounting showed a balance due A. Execution was ordered directing the defendants to surrender the lands. B and C appealed, giving security for a supersedeas. A applied for a writ of assistance putting him in possession of the north half. The court below granted the writ. On application to this.court to stay the writ of assistance: Held, that the writ of supersedeas should issue.</p>