Stewart v. Mackey

Hemphill, Ch. J.

This was a suit on a promissory note, and for the foreclosure of a mortgage. There was judgment for the amount due on the note, but an order for foreclosure was refused, and this has been assigned as error. The facts of the case, as agreed upon by counsel, so far as they affect the question of foreclosure, are to the effect that on the 29th of May, 1851, at the time the note bears date, John Mackey, the defendant, and his wife, executed in due form, a mortgage on the property described in the petition ; that Mackey was, at the time of making the said mortgage, the head of a…