Mosely v. Garrett

Judge Underwood

delivered the opinion of the Court.

Mosely, the plain tiff in error, filed his bill in the Montgomery circuit court, against Ashton Garrett, David Trimble, Peter R. Garrett and John Peebles, for the purpose of foreclosing a mortgage, executed on the 25th of September, 1817, by said Ashton, to the complainants, said David, said Peter R. and said John. No depositions were taken, and the cause was finally disposed of upon bill* answers and exhibits, The mortgage shows that the mortgagees were about, to become sureties or endorsers for the mortgagor, on a negotiably note or notes,…