Stotsenburg v. Fordice

In November, 1866, one Maginnis executed to the appellant’s predecessor three promissory notes, each for $1,627.27, “with interest at the rate of six per cent., payable semi-annually and specifically in gold coin.” To secure said notes he executed his mortgage on certain real estate. In November, 1871, Maginnis conveyed the real estate to the appellee Fordice, and one Devol, who assumed the payment of said mortgage. In November, 1877, what was supposed to be one-half of said debt was paid. In May, 1892, by order of the Floyd Circuit Court, in partition, said real estate, as the property of…