Winters v. Hughes

Kinney, C. J.:

J. H. Atchison and Theodore Winters, on the twenty-first day of January, 1860, made their joint and several note for the sum of fifteen thousand dollars, payable to Francis J. Hughes on the first day of June following, and to secure the payment, executed a mortgage deed on a certain mining claim of gold and silver bearing earth and quartz. Only a portion of the note having been paid, a bill to foreclose the equity of redemption of the mortgagors was filed, writ issued and served upon Winters, and returned “not found” as to Atchi-son. Winters came into court, and his first step…