Darnall & Susong v. Darlington

The opinion of the court was delivered by

Mr. Justice McIver.

On May 19, 1885, the defendant gave his note payable to the plaintiffs on November 15, 1885, and to secure the payment thereof executed a mortgage on three mules. The mortgage contained the usual provision that upon default the mortgagees could take possession of the mortgaged property and sell the same for cash “after giving notice by advertisement, by posting notice fifteen days at Allendale Post-office, and shall apply the proceeds of said sale to the discharge of said debt, interest and expenses, and pay any surplus to the said…