McBurnie v. Seaton

Elizabeth J. McBurnie brought this suit against John Seaton and wife to foreclose a mortgage-. It appeared in the complaint that Seaton became indebted to William J. McBurnie, in his lifetime, to the amount of seven hundred and fifty dollars. JThis indebtedness was secured by four notes, payable to McBurnie, and signed by Seaton. The notes were secured by a real estate mortgage^ signed by Seaton and wife.

After the death of McBurnie, which is .alleged to have occurred in 1880, the notes and mortgage were regularly set off to his widow, who brought this suit.

The defendants answered that on the…