Deam v. Morrison
Deam v. Morrison and Another
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Per Curiam.
Complaint to foreclose a mortgage. Decree of foreclosure and sale rendered.
The complaint did not allege that no proceedings had been instituted on the notes, &c. Under the statute of 1843, this was expressly made necessary. R. S. 1843, p. 461, § 37.
The statute of 1852 is different. Under this latter statute such proceedings should be set up by way of defense. 2 R. S. p. 176, §§ 631, 636.
The note did not waive appraisement laws. The mortgage did in express terms.
If the note and mortgage are regarded as one contract, the waivér extended to both. If regarded as separate con *368 tracts, the waiver is good as to the mortgage contract, and the appellant could have prevented a resort to that by paying the note.
J. P, Green, for the appellant. J L. Wilson and E, R. Wilson, for the appellees.
The decree is affirmed with 3 per cent, damages and costs.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 2 cases
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.