Hervey v. Parry

Bicknell, C. C.

This was a suit for foreclosure by the assignee of a mortgage against the mortgagors and a junior encumbrancer.

Matilda Parry and one Swanback exchanged farms. Charles F. Parry, the husband of Matilda, was her agent in making-the exchange. The Parrys gave Swanback two notes to boot,, and secured the notes by a mortgage; the notes and mortgage were assigned by Swanback to the appellant, who brought this suit thereupon against the appellees.

The junior encumbrancer was defaulted; no question arises-as to him.

Parry and wife answered jointly, admitting the execution and assignment of…