Harris v. Dikman

McNULTY, Judge.

Appellee, Dikman, as assignee of a mortgage, sued the Harrises in this foreclosure action. Summary judgment was entered in Dikman’s favor and the Harrises appeal.

The undisputed facts are that prior to the execution of the mortgage, on March 8, 1960, the realty in question was a vacant lot, and was then, as it is now, titled solely in the name of the wife, Margaret L. Harris. The mortgage was given to a building contractor for the purpose of securing the cost of constructing a house on the aforesaid lot, and both the husband Freddie and wife Margaret signed the instrument. The…