Banfield v. Marks

McKinstry, J.;

The complaint is in substance as follows ;

The above-named plaintiff, complaining of the above-named defendants, alleges:

“ That on or about the first day of September, 1877, the said defendants entered into the following contract, in writing, with A. C. McSwain, to wit;

*186‘ For value received, we hereby agree with A. C. McSwain, that when the mortgage of Mrs. Margaret Banfield against him is foreclosed, if there should be any forclosure, that we will see that no personal judgment is taken against him. That is, we will see that the land, if sold under such decree of foreclosure,…