Boynton v. Sisson

This is an action to foreclose two mortgages on the same premises — one given by the defendant and wife to the plaintiff for $450, and the other given to one Elizabeth S. Jones by the same parties, and by her assigned to the plaintiff, for $500; and in the first there was stipulated to bo paid an attorney’s fee of $25, and in the other an attorney’s fee of $50. In the judgment of foreclosure of the mortgages, otherwise regular, there is in' form a judgment at common law or in personam against the defendant, instead of the usual determination of the sum due; and this is assigned for error.…