Burroughs v. Ellis

— The facts involved in the controversy are not the subject of dispute. It appears that the plaintiff was the holder of a mortgage given to secure the payment of several promissory notes. When one of the notes became due he commenced a suit for the foreclosure of the mortgage. No appearance nor defense was made thereto. A default was entered, and a judgment was rendered on the note that was due, and at the end of the decree it was ordered that the plaintiff’s lien upon said real estate for the notes not then due should be preserved. The property was sold at sheriff’s sale for the amount of…