Murray v. Catlett

Opinion l>y

Greene, J.

Proceedings commenced under *109the Code, by H. Murray, to foreclose a mortgage against defendants. The mortgage was executed by Malcolm Murray to secure the payment of notes jointly and severally made by said M. and H. Murray ; the latter having signed only as security. The amount last due was paid by Henry, who thereupon took an assignment of the mortgage and note in consideration of the payment, and M. Murray conveyed his equity of redemption to defendants. Defendants demurred to the petition:

1. Because M. Murray and wife were not made parties.

2. Because the mortgage was…