Little v. Vance

Complaint to foreclose a mortgage, the installments all being due.

Answer, that there was a separate agreement in writing that the notes, payable on the face in cash, might be discharged, when they became due, in bonds of a certain railroad company. Demurrer to the answer sustained.

Judgment for the plaintiff; and order that, on failure to pay, &c., so much of the mortgaged premises as might be necessary therefor be sold as lands are sold on execution, to make the judgment, &c.

The demurrer was rightly sustained for two reasons—

1. The written agreement referred to in the answer, or a copy of it,…