Mann v. Homestead Realty Co.

This is an action of assumpsit to recover a deficiency judgment upon- a promissory note for $3,500 secured by a mortgage of real estate upon which on February 9,1934, and prior to the bringing of this suit, strict foreclosure proceedings were completed and the equity of redemption expired. The plea was the general issue. Judgment was for the defendant and the plaintiff reserved exceptions.

When the foreclosure was completed, $3,736.25 was due on the note and remained unpaid. The plaintiff offered evidence tending to show that when foreclosure became absolute something less than $2,800 was the…