McFarland v. Melson

Action at law to recover about $9,300 principal, with interest and attorney's fee in addition, balance due on certain mortgage notes, the foreclosure sale under the two deeds of trust securing them having fallen that much short of paying the full mortgage debt. The plaintiff's intestate was the payee and mortgagee and T.V. Schoonover and wife were the makers and mortgagors. About a week after the execution of the notes and deeds of trust they sold the mortgaged land to the defendants, Messrs. Melson and Hoyt, by general warranty deed expressly reciting the conveyance was subject to the deeds…