Allinger v. Melvin

Opinion by

Mr. Justice Linn,

Plaintiff appeals from an order restricting to the mortgaged premises the lien of a judgment on a bond accompanying a mortgage. The statement of questions involved presents but one point for review: whether, in a suit by a bona fide assignee of the bond, parol evidence is “admissible to prove a contemporaneous agreement that judgment on the bond should be restricted to the mortgaged premises only.”

In view of the course of the oral ai’gument, the case may be stated somewhat fully. June 17, 1927, defendant Melvin, by writing, agreed to buy from P. J. and J. T. Whelan,…