Deuel v. Higgins

Manning J.:

The bill is to foreclose a mortgage given by defendants Higgins and wife, to Thorne Deuel, and assigned by him to complainant. The other defendants are subsequent pur' *224chasers, against whom the bill has been taken as confessed-The defense of Higgins and wife is, that the mortgage was given to secure, in part, the purchase money of a steam engine and boiler, bought by Higgins of the mortgagee, with a warranty that the boiler would make steam sufficient to run one large upright saw for sawing logs into lumber. The engine and boiler had been used by the vendor for manufacturing lumber…