Carr v. Holbrook

This was a petition brought by the plaintiff in error, being also plair.t'ff below,, against the defendants, praying that certain mortgaged premises may be sold to pay the amount of part of the moneys thereby secured; to which there was a general demurrer and joinder» The Court sustained the demurrer, and gave judgment for the defendant ;• to reverse which, this writ of error was brought.

The petition states, that on the 30th May, 1820, in consideration of $233, then paid, and also of the further sum of $4,000, secured to be paid as thereinafter mentioned, did, by deed, sell and convey unto…