Alston, Assignee v. Am. Mtg. Co.

Plaintiff in error, as assignee, filed an action to sell the real estate of the Hamilton Arcade Company, a corporation, assignor, for the purpose of paying its debts. The defendant in error, by answer and cross-petition in the action, set up its mortgage notes, one for the sum of $55,000 and the other for $12,500. The notes bore interest at the rate of 8 per cent, per annum after maturity. There were some payments on the notes, and the mortgage company prayed judgment for the sum of $10,400, with interest at 8 per cent. Cn one note, and the sum of $50,000, with interest at the rate of 8 per…