¶1The decree must be entered for the amount of the note and mortgage. Reeves, as bona fide endorsee of the note, was not affected by the equities existing between Hawkins and Scully. It would have been otherwise, if a bond, instead of a note, had been given with the mortgage.
1 Walk. Ch. 248
Reeves v. Scully
Decided July 15, 1843
Michigan Court of Chancery · decided 1843-07-15
The bill was filed, to foreclose a mortgage for $900, payable in one year, accompanied by a promissory note payable to the mortgagee, Hawkins, or order. Hawkins endorsed the note, and assigned the mortgage to Scully, before the note was due. The mortgage and note were given to Hawkins, to secure him in paying defendant’s debts ; and Hawkins, as appeared from the evidence, had, at different times, paid money for Scully,- to the amount of $788.
Decided 1843-07-15