Tucker v. Alger

Graves, Ch. J.

This case comes up on appeal from a decree dismissing the bill. The transactions mentioned in the record are peculiar and numerous, but a large portion of them are *68without importance in the view we take of the case. The complainant seeks to foreclose a mortgage for a payment secured by a note which was given some time after the mortgage, and as the complainant claims, in the place and stead of so much of the bond which accompanied the mortgage.

The bond and mortgage were made in 1862, and in 1866 the bond was canceled as to the payment in question. The payment here mentioned was…