Steward v. Nelson

BUDGE, C. J.-

W. Lloyd Adams and his wife, on December 15, 1916, and January 29, 1918, respectively, executed two notes for $1400 and $400, payable to Ross J. Comstock, and to secure the payment thereof gave to Comstock two mortgages of even dates with said notes. After execution, both the mortgages and notes were assigned by the mortgagee, Comstock, to one Royal Garn, and thereafter by Garn to E. A. King. After the assignment to Garn, and on May 16, 1918, the mortgagors, Adams and wife, sold the premises under a written agreement to Parley Nelson, the agreement providing that Parley Nelson…