Lillard v. Turner

Judge SrarsoN

delivered the opinion of the Court.

The fact that the note for $136 69, which was executed by Esther Turner to Phirl and Jennings, bears the same date of the mortgage which was executed by her and husband to the same parties, would seem to leave no room for doubt that its payment was to be secured by the mortgage. It is not reasonable to suppose that this debt, which then existed, and a note for which was given at the same time the mortgage was executed, was not intended to be embraced by it. The mortgage is unskilfully drawn, and fails to state the real object of the parties, but…