Robinson Female Seminary v. Campbell

The opinion of the court was delivered by

Johnston, J. :

On August 2, 1886, I. P.'Campbell and his wife executed a principal note for $5000, pay*61able to the Davidson Loan Company five years after date, with interest at the rate of six per cent, per annum, secured by first mortgage on real estate. At the same time they executed to the same company what is termed a commission note for $500, due thirty months thereafter, and secured by a second mortgage on the same real estate. There was default in the payments and the Davidson Investment Company brought an action upon the $500 note and to…