Potter v. Hussey

Lowe, C. J.,

'delived the Opinion of the Court. ‘

*250Hussey executed a promissory note to McLaughlin, who endorsed it to the Plaintiff, executing to the Plaintiff at the same time a mortgage to secure payment of the note. Potter brought suit against both Defendants, setting up both the note and mortgage, and praying for sale of the mortgaged premises, and application of proceeds to the debt, and for personal judgment against the Defendants for any deficiency.

A demurrer to the complaint was overruled, and the Defendants not desiring to answer, judgment was rendered for Plaintiff, from which the…