Dodds v. Toner

This was a bill to foreclose a mortgage on a failure of the mortgagor to pay an instalment of the money secured by it which had become due.

The mortgagor set up in his answer that he purchased the land mortgaged — near 360 acres — of the mortgagee, and received from him a deed of warranty; that said mortgage was given to secure a balance of the purchase-money for the land, and that there was a deficiency in the quantity called for by his deed of upwards of an acre, in addition to three quarters of an acre of the tract actually embraced within the boundaries given in the deed, to which the…