Staton v. . Webb

The following statement of facts, taken from the defendant's brief, substantially states the case:

On 1 February, 1896, Joseph Cobb executed to the defendant Webb a mortgage deed conveying a tract of land to secure the payment of a note for $1,000 due 1 January, 1897, with authority to sell for cash on default in the payment of said note, "and apply the proceeds of sale to the payment of the note and interest, and the surplus, if any, to the said Joseph Cobb, or to his heirs."

On 5 June, 1896, the plaintiff recovered four several judgments against the said Joseph Cobb in a justice's court of…