Mizell v. Kesler

K. and W. filed their equitable petition against M. & P., alleging that W. executed his promissory note to M. & P., a copartnership, for the sum of $600, and in order to secure the payment' of the note W. executed a mortgage to M. & P. on a certain lot of land. A few days after the execution of the mortgage W. sold the land to K., one of the petitioners, and delivered him a deed thereto. It was alleged that W. had made certain payments on the note, and that he had tendered and continued to tender the balance due on the note. The mortgage contained a power of sale, authorizing M; & P., upon…