Miller v. . Potter

This was a civil action, beard upon the pleadings and findings of fact by a referee. The 'findings of fact, to which no exceptions were filed, were substantially as follows: On 15 October, 1928, the Home Mortgage Company made a loan in the sum of $3,000 ,to one M. W. Nash and wife, and took a deed of trust to secure the same on a house and lot in Hamlet, North Carolina. On May 17, 1929, M. W. Nash and wife conveyed the said house and lot to W. E. Miller. As part of the purchase price, Miller “assumed and agreed to pay” said deed of trust. On 11 June, 1929, to better secure the loan the Home…