Carpenter v. Mooers

This was a proceeding by scire facias commenced at the November term of the Lee Circuit Court, 1858, to fore-' close a mortgage made by the plaintiff in error to the defendant in error, to secure the payment of a promissory note of eight hundred dollars. Th'e note made and bearing date November twenty-third, 1852, and the mortgage given to secure it, bearing date March the twenty-eighth, 1853. The note was payable five years from date.

„ The defendant below pleaded the two following, among other pleas, to wit:

And for further plea in this behalf as to four hundred dollars, part and parcel of…