Stewart v. State ex rel. Fulton

*59OPINION

By HORNBECK, PJ.

The error claimed by Laura V. Bates is that the court erred in sustaining the motion of the plaintiff for a directed verdict. She insists that she took title to the real estate which she purchased under the first deed from the assignee; that she did not assume and agree to pay the mortgage to the Bank; that she had no knowledge that her second deed so provided and that upon the whole record the question whether or not she assumed ^the mortgage was one of fact which should have been presented to thq jury.

The trial court held that the confirma.tion of sale was a judgment,…