Dillinger v. Pickens

On January 23, 1939, appellee, E. C. Pickens, instituted this action against the appellant, Tom Dillinger, to set aside a judgment against Pickens. He alleged that he had traded property with Dillinger,. and Dillinger had retained a lien on the property conveyed to Pickens, for $3,500; that he had had a conversation with Dillinger and thoroughly understood that when Dillinger foreclosed the mortgage, no deficiency judgment would be taken; that but for this understanding, he would have attended the sale and protected himself; but notwithstanding' this conversation, Dilling-er foreclosed the…