Smith v. Graham

Campbell, J:

This was a bill to foreclose a mortgage made by Josephine Graham to the complainant. The defendant 'Wixom purchased the land subject to the mortgage, and agreed in writing to pay to. Smith ten per cent, interest, instead of seven, after payments became due. The decree below allowed this ten per cent, against the land, as well as against Wixom.

The grounds of defense against the mortgage itself appear to us to be frivolous. Not only is the mortgage shown to be genuine, but Wixom bought subject to it and expressly recognized it by an agreement with the complainant for forbearance.…