Maxwell v. Brooks

This was an action by Brooks against Maxwell to foreclose a mortgage. Issue; trial by jury; verdict and judgment for the plaintiff below.

We will notice the points made in the brief of counsel for the appellant.

The original complaint was filed in the name of Brooks and one Henry J. Dingley, as plaintiffs, against Maxwell, consisting of one paragraph, which was in. the nature of a complaint for specific performance of a contract in relation to the same land as that embraced in the mortgage. While the original complaint was pending, the plaintiffs took the deposition of one Ephraim Overman.…