Benton v. Wood

Worden, J,

Suit by Wood against Benton and his wife, to foreclose a mortgage. Judgment for the plaintiff.

The only error relied upon to reverse the judgment is, that the Court did not find whether the mortgaged premises were susceptible of division without injury, and in not ordering it to be sold in parcels.

'It is only in cases where there are installments secured by the mortgage, and not due, (which was not the case here,) that the Court is required to inquire as to ;he divisibility of the premises. 2 R. S. 1852, §§ 637-8, p. 176.

The land in this case consists of two forty acre tracts, which…