Race v. Bruen

VooRHies, J.*

The defendant relies upon the following assignment of errors apparent upon the face of the record for the reversal of an order of seizure and sale, from which he is appellant:

1st. There is no authentic evidence in the record of the plaintiffs’ title to the note sued on.

2d. There is no legal nor authentic evidence that the plaintiffs are the assignees or owners of the mortgage.-

3d. There is a stipulation in the act of mortgage to pajr usurious interest-This appears from the following clause recited therein ¡ “ that in default of punctual payment of said note, all the fees of the…