Shipman v. Cook

The Chancellor.

The only question now to be decided is, whether the mortgage which the complainant seeks to foreclose, has been satisfied. The defendant claims certain credits upon the mortgage, which are disputed- by the complainant.

The first subject of controversy is a promissory note of John A. Kitchell, for $80, payable to the order of the defendant, and by him endorsed to the complainant. The note bears date April first, 1833, and was endorsed to the complainant before its maturity. The defendant testified that the note was delivered in part payment of the mortgage debt. The complainant…