Messenger v. Miller

The bill in this suit is for the foreclosure of a mortgage given to secure the payment of a promissory note, bearing date February 23, 1839, and payable to one Milton Charles. Said mortgage is in the usual form, upon a quarter section of land, describing it, with a. covenant to pay the amount to said Charles, his executors, administrators or assigns. The bill sets forth that the complainant is not certain that the defendant Miller was the owner in fee of the land at the date of the mortgage, but believes he was, and charges that, if he was not the owner thereof, he did subsequently acquire a…