Ferguson v. Wagner

—This was an action by the appellee, Lewis Wagner, against Sebastian C. Ferguson and Joseph Z. Wagner and their wives, to foreclose a mortgage executed by the said Sebastian and Joseph Z., together with their wives, to the said Lewis, to secure the payment of a note for one thousand dollars, due one year from date, with interest at the rate of ten per cent, per annum. The note and mortgage were dated June 28th, 1869. Richard Ferguson was made a party defendant to answer as to his interest in the premises, he having purchased the equity of redemption.

The mortgage contained the following clause: