Metz v. Dionne

Complainant filed his bill to foreclose a purchase-money mortgage for $4,000, made by the defendant. The cause proceeded to a decree and sale with a deficiency of $1,054.46, for which complainant asked a personal judgment against the defendant. The chancellor denied this, holding that by certain acts of the complainant the defendant had been released from personal liability on her note. Complainant appeals to this court for reversal of this order.

May, 1925, complainant was the owner of real estate which he sold to defendant for $6,500, terms $1,500 cash, defendant’s note for $4,000 secured by…