Reilly v. Rucker

William Beilly and Mary his wife, on June 15, 1854, executed to James Reilly a mortgage on certain real estate, to secure the payment, among others, of eight promissory notes, amounting in the aggregate to over $10,000.

In September, 1858, all of said notes being due, and James Reilly, the payee, being dead, hi, executors, Thomas H. and Marian L. Rucker, instituted a i fit to foreclose the above mentioned mortgage.

The fifth paragraph of defendants’ answer was, as to part of the cause of action, a set-off of two notes of the same date as the mortgage, given by James Reilly, deceased, to William…