Clift v. Nay

Mitchell, J. —

All that is material to present the question for decision is the following statement,.summarized from the facts as specially found by the court:

On the 13th day of May, 1878, Thomas B. Reeder owed Elias Nay $300, part of the purchase-price of a tract of land in Henry county. The debt was originally contracted to Nay and Elliott. It was secured by Feeder’s note, and a duly recorded mortgage on the land for part of the purchase-price of which it was given. Elliott, prior to the date above mentioned, assigned his interest in the debt to Nay. On the date above mentioned, Nay and…