Merrick v. McCausland

The plaintiff claims to be a judicial mortgagee of the ■defendant by registry of June 16, 1866. Jessie B. Sims and others claim a conventional mortgage, recorded October 19, 1865.

The plaintiff having caused the land to be seized for sale, and being ■embarrassed by the presence of this prior conventional mortgage took :a rule on Sims and others and the recorder of mortgages, to show cause why it should not be erased, on the ground that it was a mere pretense,, without any real consideration, or if given for any consideration ■made for notes of tlio so-called Confederate States.

A portion of the…