Hays v. Miller

Opinion by

Wyche, Associate Justice.

This case is brought here on a writ of error from the Second Judicial District, from the judgment of the Court confirming, at March term, 1861, a sale made in favor of W. W. Miller, and a refusal, at the same term, to confirm a sale made in favor of Gilmore Hays.

The facts necessary to a proper understanding of the case are the following:

*144On the 20th Oct., 1857, Moses Hurd gave his note for $1000.00 to ¥m. ~W. Miller, the defendant in error, and to secure the same, on the following day, the said Hurd and wife executed and delivered to Miller a mortgage on…