Burk v. Clements

This was an action by Clements against Burle and wife, to foreclose a mortgage given by the latter to the.former, to secure the payment of certain promissory notes.

Answer, in substance, that the mortgaged premises were sold by Clements to Burle, and a warranty deed executed therefor, and the notes in suit given for the purchase money. That at the time of the sale and conveyance, the. premises were incumbered by the lien of a certain judgment in favor of one Nathaniel Johnson, against Clements. That before the notes thus given for the purchase money became due, an execution was issued upon the…