Babcock v. Lisk

This was a bill filed in the circuit court of Warren county, by the appellee, against the appellants and one Elijah E. ¡Randall, to foreclose a mortgage. The appellants were judgment creditors of the mortgagor, ¡Randall, and at a sale under a judgment against him, became the purchasers of the land covered by the mortgage. The ground upon which a reversal is sought, is, that the decree is rendered for a larger sum than that stated in the mortgage. The difficulty arises on the following clause contained in the mortgage, viz:

“ Whereas, the said party of the first part is justly indebted to the…