Newman v. Cooper

The opinion of the court was delivered by

Watkins, J.

Suit is brought via ordinaria on the defendant’s: promissory note for five thousand dollars, secured by special mortgage, and plaintiffs’prayer is for personal judgment for that amount, with interest, and a decree of foreclosure against tbe property mortgaged.

In the petition the note is fully described, with all of the various *1486endorsements thereon, renewing and extending payment thereof from time to time.

In limine, the exception was tendered that the defendant, A. B. Cooper, was not, at date of suit, in possession of the premises mortgaged,…