Murray v. Pearce

The opinion of the court was delivered by

GüMMEee, CiriER Justice.

This suit was brought by the appellant against the respondent under the act of 1880 entitled “An act concerning proceedings on bonds and mortgages given for the same indebtedness, and the foreclosure and sale of mortgaged premises thereunder.'’ Comp. Stat., p. 3420.

The respondent, in September, 1916, borrowed of one Philip Goodell the sum of $5,000, and. for the purpose of securing the payment thereof, executed to him a bond and mortgage for that amount, payable September 15tli, 1918. Some two months after the execution of the…