McCann Ex Rel. Hamrock v. Miller

Opinion by

Rhodes, J.,

Frederick T. Miller and wife gave a bond and mortgage to Patrick F. McCann. Patrick F. McCann assigned the bond and mortgage to his two daughters, Katherine M. McCann (now Katherine M. Hamrock) and Nellie V. McCann. The assignment reads as follows : “For value received, the mortgagee within named, does hereby sell, assign, transfer and set over unto Katherine M. McCann and Nellie Y. McCann and assigns, the within mortgage, its accompanying bond and all moneys secured thereby.”

On October 9, 1933, appearance was entered for and judgment confessed against the defendants upon…