Franklin v. Thurston

This is a bill in equity to foreclose a gage. The mortgage was executed on the 15th of December, 1839, to secure the mortgagee against the consequences of indorsements made by him of several promissory notes for the accommodation of the mortgagor. The mortgagee was compelled to pay the notes. At the April term, 1843, the Circuit Court decreed a foreclosure and sale of the mortgaged premises to satisfy the mortgage-debt, and ordered that the property be appraised and sold as other lands were sold under execution by the law in force when the decree was made.

The mortgage must be presumed to have…