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HAMILTON EXOR. v. CALLENDER'S EXORS.

1 U.S. 420 (1789)

1 Dall. 420

HAMILTON Exor. versus CALLENDER'S Exors.

Supreme Court of United States.

Attorney(s) appearing for the Case

Whether the bond given by Mark Bird to the Plaintiff's Testator operated as an extinguishment of so much of the money due upon Callender's mortgage, was the question? And it was argued in July Term 1788, by Lewis and Wilcocks, for the Plaintiff; and by Wilson and Bradford, for the Defendant.

After considering the case and arguments, THE CHIEF JUSTICE, at the present term, delivered the opinion of the Court:

M'KEAN, Chief Justice.

The case appears to be this: — That the Testator of the Defendants gave a mortgage to the Testator of the Plaintiff on four several tracts of land. The heirs of the mortgagor sold the equity of redemption of three of there tracts to Mark Bird, who, afterwards (on the 3d...

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