Zekind v. Newkirk

This was a suit in chancery commenced in January, 1853, by the appellees, who were the plaintiffs, against Charles Zekind and Others, to foreclose a mortgage. The Circuit Court, at its March term, 1857, rendered a decree for the plaintiffs, from which the defendants appeal to this Court. The facts, so far as they relate to the errors assigned, are these: Zekind, in August, 1838, bought of S. and W. Edsill the mortgaged premises. For a part of the purchase-money, he indorsed to the Edsills, in blank, two promissory notes; and to secure the payment of the notes, he executed to them the mortgage…