Borden v. Gilbert

By the Court,

Cole, J.

This action was commenced in November, 1859, to foreclose a mortgage. The mortgage was given by Gilbert and wife to their co-defendant, Jeremiah B. Davis, to secure the payment of two promissory notes. The complaint states that the notes and mortgage were assigned by Jeremiah B. Davis to the respondent; and that the other defendant, Jeremiah Davis, for a valuable consideration expressed on the face of an instrument in writing signed by him, guaranteed the collection of the notes. There was no appearance by any of the defendants, and judgment by default was entered for the…