Faxton v. Faxon

Complainant in 1847 and 1849 obtained two mortgages from a half-hrother, Ezra T. Faxon (the husband of one, and father of the other defendant), who died intestate in 3850, leaving a family of young children, the oldest being defendant Josiah, who was yet a youth.' The property was the mortgagor’s farm, then of small value.

These mortgages complainant now seeks to foreclose, and the defendants resist the foreclosure, partly relying on lapse of time, and partly on facts insisted on as an equitable estoppel or agreement against their enforcement. The facts show the mortgage was never actually…