Plympton v. Preston

of the court was

Siideli,, J.

In 1844, Preston gave a mortgage in fovor of &. TV. Boyd, for $8000. This debt was reduced by payments to $3,500-; and, in August, 1847, Boyd transferred the debt and mortgage to Plympton. Preston having refused to pay the accruing interest, Plympton brought suit against him in the district court of Jefferson. The defendant ajvswered that, Boyd had made a cessio bonorum, in 1820; but, having subsequently come to better fortune, his creditors had instituted proceedings against him to compel a new surrender, had obtained an order appointing the sheriff syndic, and…