Howe v. Patterson

By the Court,

Prim, J.:

This was a suit in equity brought by appellant against respondents to foreclose a mortgage upon certain real property described in the complaint, which was in the possession of and claimed by the respondents at the commencement of the suit.

It is alleged in the complaint that the mortgage was duly executed to appellant by Wm. T. Gillihan and wife to secure the payment of two promissory notes. That after the execution of said mortgage it was delivered by appellant to the County Clerk of Columbia County for record, and was recorded by him on page 204, in Book E of the…