Hale v. Stery

On the 6th of July, 1892, Stery executed a general mortgage on the fixtures and stock in trade of his bakery to Mrs. Hale. The mortgage was foreclosed in the ensuing August, the property sold and the proceeds applied by Mrs. Hale to her own use. Stery brought this suit to cancel the mortgage and recover the damages resulting from the foreclosure.

The circumstances of the transaction are somewhat peculiar. The ease lacks some of the elements of an actual or an active fraud perpetrated by the holder of the instrument. The real gravamen of the suit is found in the allegations which charge Stery’s…