Samuel Nelson, Orchard v. Hughes — Opinion of the Court
“ The fatal defect in both the answer and the proofs is, that, admitting every allegation against the legality of the bank charter, and of the worthlessness of the paper issued by the bank, Orchard, the maker of the note and of the mortgage, had not been the sufferer. ”
Samuel Nelson, Orchard v. Hughes — Opinion of the Court
“ But there is a clause in this decree that is in conflict with a recent decision of this court. According to the report of the master, the sale of the mortgaged premises did not cover the debt, but left a balance of $519.23. The decree of confirmation orders execution to issue for this amount with interest. ”
