Zook v. Clemmer

This was an action by the appellee against the appellant. It is stated, substantially, in the complaint, that on the 1 ith day of July, i860, at, etc., James H. Terhune, now deceased, owned certain real estate described in the complaint, which had on that day been conveyed to him by *16John S. Kiphart, and that he then executed to said Kiphart, a mortgage thereon, his wife, now also deceased, joining therein, to secure, among other notes for purchase-money, executed by Terhune to Kiphart, one note for one hundred and thirty-five dollars, payable December 25th, i860, and which was for the first…