Clarke v. Featherston

This was a suit instituted by the appellee, to compel the re-execution of a mortgage, the original having been lost.

The complaint was in two paragraphs. The questions presented in this court are all raised upon the second, the first having been withdrawn.

It is charged in the second paragraph, that on the 2d day of March, 1868, the appellants executed and delivered to the appellee their note for fourteen hundred dollars payable at five years, with interest, and a mortgage upon the real estate mentioned in the first paragraph, in consideration of fourteen hundred dollars loaned by the appellee…