Levally v. Ellis

Baldwin, C.

Bennett, White & Co. obtained a judgment by confession against Harmon & Hamilton on the 12th day of April, 1860. On the 20th of July, following, Hamilton and wife mortgaged the property upon which they were then living to the school fund, as security for a note of $350. The plaintiffs were also sureties upon this note. In May, 1861, Hamilton and wife sold the premises mortgaged and moved to California. After this sale, the said Bennett, White & Co. issued an execution upon the judgment against Harmon & Hamilton, and caused the property mortgaged to the school fund, to be levied…