Harris v. Makepeace

Complaint by Makepeace against Harris, to foreclose a mortgage made by Harris to one Vasbinder, to secure the payment of two notes for 500 dollars each, one payable January 1, 1857, and the other January 1, 1858. The latter note and the mortgage were assigned by Vasbinder to the plaintiff. The note thus assigned did not waive the appraisement laws, but the mortgage contains a covenant or stipulation, on the part of the mortgagor, *561whereby he “expressly agrees to pay the sums of money above secured, without relief from valuation laws.”

There was an ordinary judgment of foreclosure, directing so…