McFadden v. State ex rel. Dykins

Best, C.

This action was brought by the State, on the relation of the auditor of Clark county, to foreclose a mortgage executed by Barney Miller and his wife, against the appellant as a subsequent purchaser with notice.

The mortgage was dated the 3d day of January, 1856; was for $194, payable five years from date, with seven per cent, interest, and was in the identical form prescribed by the statute — 1 R. S. 1876, p. 800 — except that the fund was not described, and the note annexed was not signed at the bottom by Miller.

Issues were formed, trial had, finding made, and, over a motion for a new…