Gerwig v. . Sitterly

At the date of the mortgage from Gerwig, the appellant, to Edgar Peckham, Gerwig was indebted on a mortgage to one Cyrus Peckham, in the sum of $4,314. This mortgage was then in the hands of Edgar Peckham, to whom it had been given by Cyrus, his father, in order that he might raise money of which he was in need. After an ineffectual attempt to raise money by demanding what was due upon it from Gerwig, Edgar Peckham attempted to sell it to one Wagner, who, after inquiry, declined to take it on any terms, but offered to give $3,500 for a new mortgage of the amount of $4,314, to be executed by…