Stanley v. Stanley

The opinion of the court was delivered by

Mr. Justice McGowan.

This was an action brought by the plaintiffs, as executors of William B. Stanley, deceased, to foreclose a mortgage upon the real and personal property of James D. Stanley, upon which there remains due a balance of $8,000, with interest from date at ten per centum per annum, amounting to about $4,200. The making, execution, and delivery of the note and mortgage and its non-payment are not disputed. It *96was executed April 7, 1887. The defendant, Ellery M. Bray-ton, answered, setting up another mortgage of the same property, junior to…