Ritter v. Plumb

On March 1, 1920, C. A. Plumb and wife executed the real estate mortgage in suit to the appellant, Ritter, to secure the payment of two notes, one for $300 and one for $700. The notes were signed by C. A. Plumb and his wife and J. D. Plumb. On the same day, C. A. Plumb and wife conveyed the mortgaged premises to the appellee Smith, subject to the mortgage.

The note for $300 has been paid. The action is to foreclose the mortgage for a balance alleged to be due on the note for $700. Personal judgment was asked against the makers of the note. The appellee Smith was made a party, but no personal…