Garner v. Pomroy

Baldwin J.1

The complainant seeks to foreclose the equity of defendant in certain real estate, under the provisions of sections 2094-95 of the Code. In his petition he alleges that he sold to defendant certain real estate, and gave -him a bond for a deed therefor, and that defendant executed to him his note, for the balance due upon the purchase money. It is also averred by plaintiff that there was a mistake in said note in reference to the rate of interest it was to draw. That whilst in the note there is no rate fixed, yet it was agreed that it should bear ten per cent, and that in the bond…