Stephens v. Muir

Bill in chancery to foreclose a mortgage, filed in March, 1853. Stephens and Murphy answered; demurrer to the answer sustained; and decree for 1,210 dollars. Stephens appeals.

The bill alleges that one Joseph Clarke was indebted to Muir in the sum of 535 dollars and 79 cents, by note under seal, dated September 24, 1841, due in twelve months, which, if not paid at maturity, was to draw 10 per cent, interest from date, till paid; .and that the mortgage was given to secure the payment of this note.

It is further shown, that after the execution of the mortgage, Clarke sold the mortgaged premises…