Beam v. McBrayer

The opinion of the Court was delivered by

Mr. Justice Marion.

In an action to foreclose real estate mortgages, the plaintiff and the defendant, Abies, sought to recover a deficiency judgment against the defendant, W. D. McBrayer. The defendant, McBrayer, set up the defense' of infancy. The County Judge sustained the defense, and denied to appellants the relief sought. The appeal challenges the correctness of the County Judge’s conclusion.

The defendant, Abies, purchased the mortgaged property from one Smith, and assumed the payment of an outstanding mortgage to the plaintiff for the sum of…