Fulton Savings Bank v. Downs

This is an action to foreclose a mortgage. Plaintiff is an assignee of the original mortgagee. It is alleged that the mortgage is a purchase-money mortgage, the funds having been used by the mortgagors to purchase the property from a development corporation.

The mortgagors are husband and wife and own the premises as tenants by the entirety. The wife is an infant and executed the bond and mortgage without any judicial proceeding. A guardian ad litem has been appointed to represent her in the action and has asserted , an affirmative defense to the action asserting that the execution of the bond…