Clark v. Van Cleef

Walker, V. C.

The bill is one for partition of lands of which Joanna Clark, late of New Brunswick, died seized. The defendant Ellen S. Van Cleef, who owns an equal undivided one-third of the premises, has answered and sets up that on January 16th, 1879, Mrs. Clark, her mother, the then owner, made a mortgage upon the premises in question to a Mrs. E. L. Macauley for $-1,000; that on or about December 11th, 1880, Mrs. Clark applied to the defendant, her daughter, and requested her to pay off Mrs. Macauley’s mortgage, agreeing that if she would do so, that she, the mother, would secure her, Mrs.…