Building & Loan Ass'n v. Walker

This suit was instituted to foreclose a real estate mortgage given by one Parker F. Fugate to the plaintiff to. secure his promissory note for the sum of $3,200 given December 2,1889, due in three years thereafter and drawing interest at the rate of six per cent on $1,600. William H. Walker and Mary E. Walker purchased the mortgaged'premises, and assumed and agreed to pay the indebtedness secured by the mortgage. Fugate was not made a party to the suit, but the Walkers were, who pleaded that the mortgage was given to secure a loan of $1,600, and no more, which it is alleged was the sole…