Wells v. Merritt

This was an action by Merritt against Wells and wife, to foreclose a mortgage executed by the defendants to the plaintiff. Judgment for the plaintiff

The facts are as follows, viz., Merritt had bought a piece of land of one Eli Allen, and had given him certain promissory noi.es for the payment of the purchase money. Merritt then sold the land to Wells, and the latter agreed, in payment therefor, to pay the several promissory notes thus given by Mr”:i to Allen, and to secure the performance of the agreement, executed to Merritt the mortgage in suit. There was a stipulation in the mortgage…