Sullivan v. Murphy

(Dissenting) : I do not concur in the opinion of the majority. I can best express my views by treating the case as I interpret the appeal.

This case comes on appeal upon the pleadings and a stipulation, from which it appears that on August 6, 1927, Mason Murphy, one of the defendants herein and the then owner of the real estate embraced in this cause of action, and his wife, Mary J. Murphy, mortgaged a tract of land, consisting of about two acres, to one M. I. Pence. The mortgage contains the following language:

“And this mortgage is also expressly made to secure any claims held by the…