Johnson v. Maier

Plaintiffs sued respondents to recover the amount due on a thousand-dollar note which it is alleged they assumed and agreed to pay as part of the consideration for some real estate conveyed to them by one Wiggins. The note was secured by a second deed of trust on the land, the first deed of trust securing a note for fifteen hundred dollars. As the result of a jury trial a judgment was obtained in favor of defendant Maier and plaintiffs have appealed. Judgment by default was entered against defendant Adams, hence, he is only a nominal respondents and where reference is made herein to…