Eythe v. Commercial Bank Savings Co.

The evidence discloses that at the time of the execution of the above mentioned deed of - conveyance the bank delivered to Mr. and Mrs. Hughes the notes secured by the mortgage and the intent unquestionably was to accept the conveyance of the real estate in satisfaction thereof and of the mortgage. The bank did not make the plaintiff a party to the action of .foreclosure, and did not have actual knowledge of his judgment lien, but nevertheless, must be held to have had constructive notice thereof. The uncontradicted testimony of witnesses is that the value of the real estate is very much less…