Chamberlain v. O'Leary

The amount of the original indebtedness, the execution and delivery of the note and mortgage set up in the bill, the character in which complainant sues, are admitted. The sole issue raised by the pleadings is whether the debt evidenced by the note, payment of which is secured by the mortgage sought to be foreclosed, was paid during the lifetime of the mortgagees. The court below determined this issue in favor of defendant, and dismissed the bill. As both of the mortgagees died bsfore the bill was filed, and as the testimony of the mortgagor could not be received to prove payment, the court…