Alexander v. Manza

The opinion of the court was delivered by

Parker, J.

This was a suit for deficiency on foreclosure of a mortgage, in which the trial* court, at Circuit, without taking any evidence, directed a verdict for the plaintiff at the conclusion of defendant’s opening. The defendant-appellant was not the original bondsman, but was a purchaser of the equity in 1926 from the original mortgagors, the deed containing a recital that the property was subject to the mortgage, describing it, “which said mortgage the grantee herein assumes and agrees to paj as a part of the consideration for said premises.” The…