Lumpkin v. Silliman

HENRY, Associate Justice.

The appellant was sued as the maker of a note secured by a mortgage, to recover the amount of the note and foreclose the mortgage.

Two other parties were joined as defendants for the purpose of adjusting certain equities with regard to the ownership of the debt.

One tract of land upon which a foreclosure of the mortgage was sought, was described in plaintiff’s petition as follows: “6.40 acres in the Sarah Hodges 1280-acre survey, being the same conveyed to me (Wilson Lump-kin) by Thomas P. Roundtree and Susan Roundtree by deed dated 2nd day of February, 1855, and by M.…