Supreme Court of Rhode Island March 19, 1887 (Reynolds v. Hennessy)

Dureee, C. J.

This is an action of trespass on the case

ex delicto.

The declaration contains three counts, each of which is demurred to.

The first count sets forth that on February 24,1870, one Bartlet Reynolds, being then the owner of a lot of land described, mortgaged it with power of sale to the defendant to secure a negotiable promissory note for $1,600, payable to the order of the defendant