Miller v. Tipton

The defendants in error, as the administrators of John Tipton, deceased, filed a bill to foreclose a mortgage executed by the plaintiffs in error to Tipton in his lifetime. The property mortgaged consisted of three tracts of land held by certificates issued by the canal commissioners, and on which a part of the purchase-money only had been paid. The bill prayed a foreclosure, and that the right and title of the plainr *254tiffs in error in and to the land might be sold, &e. There was a demurrer to the bill which was. Overruled by the Court, and the defendants refusing to answer, there was a…