Alexander v. Frary

Complaint by James Frary against Mary Alexander, to foreclose a mortgage. The note was for 450 dollars, waiving appraisement. During the pendency of the suit Mary Alexander died, leaving the present defendants her heirs, who were made parties by supplemental complaint. Decree of foreclosure, with the further order that in case the mortgaged premises did not sell for sufficient to satisfy the judgment, then that execution issue against the defendant’s personal property. The heirs appeal.

Such errors as are properly assigned, will be noticed in their order, premising that the evidence is not in…