Lampley v. Knox

Action of detinue by mortgagee, Lampley, after law-day, against mortgagor, Knox, in possession. The debt secured appeared by the face of the mortgage to be $308.80, eighty dollars of which it was admitted had been paid, and duly entered on the paper as a credit. There was evidence for the defendant tending to show that the consideration of the mortgage, to the extent of $240, was a debt due from defendant to a third person, Mrs. Hightower, which plaintiff agreed to pay for him, and which he had failed to pay. On the aspect of the case presented by this tendency of the evi*626dence, the court, at…