Hayden v. M'Ilvain

OPINION of the Court, by

Ch. J, BoYIE.

Wilkin-sou being indebted to M’llvaih in a considerable sum, for the purpose of securing the payment thereof éxecu-ted a mortgage to him of all the lots in the town of Frankfort, to which lie had either a legal or equitable title, and a. tract of land in its neighborhood ; and Wilkinson having failed to pay according to the terms Of the mortgage, M’llvain, upon a bill filed for that purpose, obtained a decree for the sale, of such lots as Wilkinson ll ad a title to, and under that decree was about to sell lot No. 18. To restrain the sale of that lot and…