Camp v. Small

This was a proceeding in the Circuit Court of Will county by Darius Small, for the use of Isaac Small, against John T. Camp, and Elizabeth, his wife, to foreclose a mortgage by scire facias. The writ was duly executed, and issues made up on the pleas of non est factum and usury, and tried by a jury, and a verdict for plaintiff.

To reverse this judgment, the defendants bring the case here by writ of error, and assign several errors: First, that the writ is defective, and did not authorize a judgment upon it; second, that the record shows, that before the institution of the suit, Darius Small…