Scott v. Simeral

This was a petition in chancery, to cause the respondent to perform his obligation under a title bond given to him by the complainant, by making payment thereon, as provided, or that his interest in the land be foreclosed, and the land be sold for the payment. In substance, it was like a petition to foreclose a mortgage, only it is brought by the obligor against the obligee, to cause him to perform, or to be foreclosed.

*389Tbe defendant demurred to the petition, the principal ground of which is, that it should be in law and not equity. On this question, a full opinion is written in Kramer v.…