Cain v. Hanna

The controlling facts alleged in the complaint of the appellant, against the appellees, are as follows :

That, on the 10th day of May, 1867, William N. Kraft was the owner, in fee-simple, of the undivided one-half of certain real estate, properly described; that, so being the ■owner of said real estate, Kraft on said day executed two separate mortgages on the same, one to George Lupton, to secure the payment of three several promissory notes, described, due to the.mortgagee, and the other mortgage to the appellant, to secure the payment of a certain promissory note due to him, also described;…