McLaren v. Hopkins

The Chancellor:—This cause has been repeatedly before this court, and once before the Court of Errors. (4 Cowen’s Rep. 667.) In pursuance of the order of this court; of the 25th of August, 1825, (1 Hopkins’ Rep. 579,) made by the consent of the parties, a feigned issue was awarded, to determine the question whether the mortgage, which is the subject of controversy in this suit, was paid and satisfied to Hopkins, by Enos Cook the mortgagor. This issue was tried before Judge Throop, at the Onondaga circuit, in October, 1826; when the jury found that the mortgage had *been paid. A motion is now…