Stewart v. Diehl

McMurray, Presiding Judge.

By warranty deed, plaintiff Donna Diehl conveyed real property to defendant Sandra D. Stewart. The property was subject to an existing first mortgage, “which indebtedness Grantee [Sandra D. Stewart . . .] assume[d] and agree[d] to pay.” Sandra D. Stewart and her mother, defendant Frances Louise Helms, also signed a purchase money promissory note, representing a “second mortgage,” in the principal amount of $6,000. This note was secured by a purchase money security deed to the property, and provided for a default “[s]hould any installment not be paid when due, or…