Lapping v. Duffy

This action was by the appellants against the appellees. The court, on demurrer by the defendants to the complaint, held the same to be insufficient, and this ruling is assigned as error. The complaint is long, and need tiot be set out in full. The material facts stated are the following: That on the 26th day of February, 1859, Duffy and wife mortgaged certain real estate to McClung, to secure •the payment of six promissory notes, executed by Duffy to McClung for purchase-money of the real estate. The mortgage was legally recorded on the same day, and the notes were on that day endorsed and…