Motz v. Henry

The opinion of the court was delivered by

McElroy, J.:

This action was brought by M. E. Dixon to procure, by writ of assistance, possession of certain mortgaged property sold under a decree of the court. The record discloses that on the 20th day of February, 1880, Simon Motz executed to Joseph B. Eldridge a mortgage on réal property situated in Ellis county to secure the payment of his two promissory notes of that date for $1000 each, due two years after date, and other notes. Before maturity', the mortgagee sold and assigned the notes to A. R. Henry. On the 22d day of December, 1894, Henry…