Proctor v. Baker

This was a proceeding to foreclose a junior mortgage. The complaint avers, that the mortgage, on a part of a lot and one hundred acres of land, was executed and recorded on June 17,1858; to secure the payment of four notes, of some $600 each (of even date with the mortgage), the first of which was then due; that prior encumbrances existed, on the part of the lot described, to more than the value of the same; that, on June 15,1858, the mortgagor executed another note for $50, and a mortgage on said one hundred acres of land to secure the same, to James Proctor, who assigned it to the firm of…