Bosworth & Jossey v. Matthews

Hall, Justice.

- ' - [A mortgage fi.fi. was levied on certain personalty, and a claim was interposed thereto. On the trial, the court held that the foreclosure was insufficient, and dismissed the levy, and this was assigned as, error. • The body of the . affidavit to foreclose was as follows:

“ W. TI. Matthews, of said county, is indebted to the said Bosworth , & Jossey the. principal sum of one hundred and seventy-two and 2-100 dollars ($172.02), and the sum of six dollars and ninety cents ’ for interest to date; that said -sums are secured by a mortgage exe*823cuted by the said W. H. Matthews,…