Clark v. Warren

Warner, Chief Justice.

This was a bill filed by the complainant, as the administrator of Wilkinson, against the defendant, in the year 1860, alleging that in the year 1848 complainant’s intestate, and one Spicer, purchased from the Messrs. Costers, several described lots of land, for which they executed their joint and several promissory notes, to secure the payment of which, they, on the 6th of December, 1848, executed a mortgage on the land so purchased, to the Costers. Subsequently, on the 29th of December 1849, Wilkinson and Spicer, by agreement, divided *576the land between them, each…