Warp v. Cooke

The Chancellor.

The only controversy in this cause relates to the amount due upon the complainant’s mortgage. The mortgage is given by Cooke and wife to the complainant, to secure the payment of a bond from Cooke to the complainant for $900, dated on the 1st of July, 1856, and payable in one year, with interest at seven per cent. The mortgage bears even date with the bond. A second mortgage upon the premises was given by Cooke and wife to Peter S. Talmage, to secure the payment of $1000, which remains unpaid.

The mortgagor, by his answer, alleges that there remains due on the mortgage of the…