Sams v. Derrick

Derrick held four written instruments, all bearing the same date and-purporting to have been executed by Sams and Henson, each embracing a note payable to Derrick, and a mortgage, to secure the same, upon the same real estate. After all the notes had matured, he sought, by a single proceeding in the superior court, to foreclose all of the mortgages together. . On the trial of the case, the defendants, Henson and the administrator of Sams, made a motion' to dismiss the proceeding, “on the grounds, that the plaintiff was attempting to foreclose four mortgages in one rule, and because there was…