To  the  Honorable,  the  Judges  of  the  Court  of  Common  Pleas
of  Chester  County :


MORTGAGES.  535

The  petition  of  John  Gregg,  Respectfully  represents :
That  on  the  First  day  of  March,  A.  D.  One  thousand  eight
hundred  and  fifty,  he  executed  and  delivered  to  John  Rex,  a
mortgage  on  a  messuage  and  tract  of  land  in  the  township  of
Penn,  in  said  County  of  Chester,  situate,  &c.,  (describe  the  land,)
said  mortgage  being  Recorded  in  the  Recorder's  Office  of  said
County,  in  Mortgage  Book  N,  p.  50,  to  secure  the  payment  of
a  bond  dated  the  same  day  and  year,  in  the  penalty  of  Two
thousand  dollars,  conditioned  for  the  payment  of  One  thousand
dollars,  with  interest,  in  one  year  from  the  date  thereof;  that
the  said  John  Rex  claims  that  there  is  due  to  him,  under
the  said  mortgage,  the  sum  of  One  thousand  dollars,  and  the
petitioner  states  as  his  objection  to  said  claim,  that  the  said
mortgage  was  given  to  indemnify  the  said  John  Rex  against
loss  by  reason  of  his  having  become  surety  for  the  petitioner,
in  a  bond  to  one  George  Boyd,  for  the  payment  of  One  thou-
sand dollars,  which  bond  has  been  fully  paid  and  discharged,
and  the  said  John  Rex,  therefore,  has  now  no  just  claim  under
said  mortgage.  The  petitioner  prays  the  Court  to  allow  him  to
pay  into  Court  the  sum  of  One  thousand  dollars,  the  amount
claimed  under  said  mortgage  by  the  said  John  Rex,  and  upon
the  payment  thereof  into  Court,  to  order  and  decree  that  satis-
faction shall  be  entered  upon  said  mortgage ;  and  further,  that
the  Court  will  proceed  to  hear  and  determine  the  objections  to
the  payment  of  any  part  of  the  money  in  Court,  as  to  right  and
justice  may  belong,  and  decree  accordingly.
