Dawson v. Thorpe

The opinion of the Court was delivered by

Fenner, J.

Under the view we take of the law applicable thereto, we are relieved from the necessity of stating all the facts and issues involved in this complicated case, and confine ourselves to the following facts which are undisputed :

1st. On October 13, 1866, Mrs. Blanchard executed a conventional mortgage upon the property now in controversy in favor of Mrs. Clark for a debt of $8031 with interest, then acknowledged to be duo but rendered exigible only on October 15, 1867.

2d. On May 31, 187?, Mrs. Clark sold to Dr. Thomas H. Patterson her…