Hillman v. Stumph

Stumph and Lefever executed three promissory notes, payable at different periods, and a mortgage on real estate to secure the same, to one Gilbert. The mortgage was duly recorded, after which the note last payable was assigned by Gilbert to one Jesse Jones, and by the latter to the plaintiff. The mortgage was never assigned by Gilbert. The notes were all paid except the last. When that became due, Stumph, one of'the mortgagors, offered and was ready to pay it to Jesse Jones, plaintiff’s attorney in fact, but demanded of the latter that on payment being made the mortgage should be satisfied of…