Lincoln v. Finkelstein

The note in suit was made by the defendants . in May of 1907, and was originally secured by a mortgage of real estate. It became due in 1912; and about March 26, 1915 was assigned to the plaintiff by the payee, her brother. A foreclosure sale of-the mortgaged property made in 1917 did not realize enough to satisfy it. The writ is dated July 26, 1917.

The makers parted with their equity of redemption in the real estate before the maturity of the note. There was no evidence to show whether in this conveyance their grantee assumed and agreed to pay the note. They defended upon the ground that,…