Mendenhall v. Steckel

The object of the bill in this case is to foreclose a mortgage for one thousand dollars, the balance of the purchase money for the farm, named in the mortgage, which had *464been sold to Steckel, one of the appellees, and for which a deed had been executed to him.

The answer of Steckel sets up, as matter of defence, that there is a deficiency in the number of acres, called for in the deed, to a larger amount in value than the sum for which the mortgage was given ; that the mortgage is therefore without consideration, and ought not to be enforced.

To this answer the mortgagee, Mrs. Mendenhall, filed…