Ockendon v. Barnes

The note which is secured by the mortgage, appears to' have been executed for a part of the consideration of the sale of the land covered by the mortgage; at all events it contains a condition to the effect that it is .“not to be paid until all incumbrances are removed from the title” of the land. The petition shows the existence of a mortgage on the land to one Davis, and that, being insane, a guardian for him was appointed by the Circuit Court of Henry county, who executed a release of that mortgage, which is set out in full. To the petition defendants answered, admitting the execution of…