Nichol v. Henry

Dissenting Opinion.

Elliott, C. J., and Niblack, J.

We fully concur in the statement of the general principle contained in the prevailing opinion, but do not concur in the conclusion reached, for the reason that we think there is no express promise in the mortgage binding the mortgagor personally. We regard the provision respecting the debt as a mere recital, describing and identifying the debt secured. In our opinion it is not a covenant to pay the debt.