De Lotto v. Zipper

This is a suit to relieve the complainants from a deficiency judgment entered in the supreme court after a mortgage foreclosure. Complainants executed a bond and mortgage on February 2d 1925, to Rudolph Mylius, payable three years after date. About two months later complainants conveyed the mortgaged premises to Isabella S. Hubschmidt. The deed of conveyance contains no statement that Mrs. Hubschmidt assumed the mortgage indebtedness, but does recite that it was subject to the mortgage executed by complainants. Four years afterwards, the mortgagee assigned the mortgage and the assignee in…