Mauzey v. Bowen

Complaint by Bowen, assignee, &c., to foreclose a mortgage. Trial by the Court, and decree for foreclosure. Mauzey appeals.

It appears that Mauzey had purchased of one Coleman a tract of land in Bush county. The land had been encumbered by Coleman, prior to this purchase, by a mortgage to one Harlan for 800 dollars. The mortgage executed by Mauzey and wife, was to secure the payment of 2,700 dollars. It was expressly stipulated that if Coleman failed to pay the'mortgage to Harlan, then the amount of the mortgage to Harlan should be deducted as a credit from the mortgage of Mauzey to Coleman.…