Eagle Savings & Loan Ass'n v. West

Matthews, P.. J.

This action was instituted in 1932 by a first mortgagee against the mortgagor, a second mortgagee and several successive grantees of the mortgaged premises to foreclose the mortgage and to recover a personal judgment against the mortgagor upon the note secured by the mortgage and against the grantees upon provisions in their respective deeds, •whereby they assumed and agreed to pay the mortgage debt.

The first mortgage has been foreclosed, the property sold, and the debt due plaintiff paid and satisfied. The plaintiff has no interest in the result of this appeal. ‘The issue is…