The Thrift v. Michaelis

Kapper, J.

(dissenting). I think the position of the executors, as claimed by them, is unjust. They are no worse off by upholding plaintiff’s claim than they weie before the satisfaction of the prior mortgages. The judgment appealed from gives them something to which their only basis of right is an oversight on plaintiff’s part, and the result reached by the judgment appears to me to be unconscionable.

Judgment affirmed, with costs.