Clark v. Sipple

The Chancellor.

The bill is brought by a mortgagor against the administrators of the mortgagee, alleging that during the life of the mortgagee the debt was not only paid in full, but, by mistake of the mortgagor and through fraud of the mortgagee, overpaid; that a scire facias action had been brought on the mortgage in the Superior Court claiming the whole amount of the mortgage to be due, with interest practically from the date of the mortgage; that under the rules of law regulating the trial and proof in such actions at law the payments cannot be shown; and that the books and papers of the…