Ray v. Hemphill

Simmons, Chief Justice.

The plaintiff in error executed to the defendant in error certain promissory notes, and a mortgage to secure the same, which mortgage contained a provision authorizing the mortgagee to sell the mortgaged property for the payment of the debt if not paid when due, and a further provision that “the power and agency aforesaid is coupled with an interest, and is hereby made irrevocable, even by death.” The notes became due and were not paid, and the mortgagee, in pursuance of the power given by the mortgage, advertised the mortgaged property for sale; whereupon the mortgagor…