Hemphill v. Pesat

This is an appeal from an order denying a petition to stay the sale of lands under a decree of foreclosure. The facts are as follows:

R. J. Hemphill and his wife Reba were indebted to Adolph Pesat and William Hillebrand in the sum of twenty thousand dollars evidenced by three promissory notes in the sum of $6,666.66 each. The notes were dated June 17, 1925, and payable respectively on the 17th of June, 1926, 1927, and 1928. The debtors executed a mortgage upon certain lands to secure the payment of the debt. The mortgage contained the usual covenants of seizen, that the land was free of…