Superior Court for Law and Equity, Hamilton District.
September 1804.
On the foreclosure of an ancestor’s mortgage by decree against infants, they are not personally liable for any balance of the debt not made out of the mortgaged land.
The land will be sold upon the usual notice of sales under execution, and the proceeds applied first to the payment of costs, next of the debt and interest to date of sale, and the balance, if any, paid the infants. [Acc. Hord v. James, infra, 201.]
Bill in equity to foreclose a mortgage by the ancestor to secure the payment of five hundred dollars with interest.
Decree, that the mortgaged land be sold, giving the usual notice of forty days, agreeable to the method of advertising land under execution. That the costs be first paid, next the principal and interest to the time of sale, and the balance, if any, paid to the infants. But if the land should not be sufficient to satisfy the debt, the infants not to be personally liable.