Hossack v. Graham

The opinion of the court was delivered by

Dunbar, J.

This was an action to foreclose a mortgage upon certain lots and lands therein mentioned, and upon certain other lots mentioned in the aforesaid mortgage, concerning which a special agreement was made. A demurrer to the complaint was sustained, and, the *186plaintiff electing to stand upon his demurrer, judgment was entered and the case was brought to this court.

The mortgage, so far as one portion of the land described therein is concerned, is the ordinary mortgage,, but, in addition, the following clause occurs:

“ And the said party of the first…