McBirney v. Bader

This was an action on a note and for foreclosure of the mortgage given to secure it. Personal judgment was sought against the original makers of the note and mortgage, and against a corporate grantee which had assumed 'and agreed to pay the indebtedness, by the terms of the deed conveying the property to it. Personal judgment was also sought against the three trustees of a business trust to which that corporate grantee had in turn negotiated for the sale of the property under the expectation that said business trust would likewise assume and pay the mortgage indebtedness. The trial court…