Barker v. Barker

The only question made in the case is in respect to the amount due the plaintiff upon two mortgages executed by the defendant to the plaintiff. The referee has found the balance due the plaintiff upon certain notes secured by the mortgages, and has stated the facts connected with another note to the Farmington Bank, signed by the plaintiff as surety for the defendant, and by the plaintiff paid, and which he claims was secured by the same mortgages. The defendant denies that this note was secured by either of the mortgages, and seeks to be allowed in set-off against ,it the value of certain…