Hancock v. Fleming

This was a suit by the appellant, as payee and mortgagee, to collect a note and foreclose a mortgage executed by the appellees Jane and Charles R. Fleming. The appellees John Kelsey and Francis M. Wood were made defendants to the action; and, as to them, it was alleged in appellant’s complaint, that, after the execution of the note and mortgage in suit, the mortgagors executed to them a conveyance of the mortgaged premises, in which conveyance the appellees Kelsey and Wood, as a part of the purchase-money of said premises, assumed and agreed to pay the appellant his note and mort*572gage, which…