New York Supreme Court April 15, 1899 (Cromwell v. Foster)

Giegerich, J.

In an áction for foreclosure, a subsequent mortgagee sets up his mortgage, hy answer, and demands that it be pay*122able next from the .surplus. Service of this answer was. made upon all defendants who appeared in the action, and they have failed to take issue. It may be that lienors in priority to the answering.