Fidelity Bond & Mortgage Co. v. Paul

Mubiel Paul, called herein the plaintiff, sued the Cosmopolitan Hotel and Broadway Theatre Company and the Fidelity Bond and Mortgage Company to reform a. lease, and for an injunction. A decree was entered as prayed for. The mortgage company alone complains of the decree.

On December 1,' 1924, the then owner of certain real estate executed a mortgage to a trustee to secure the payment of certain bonds and also to secure the mortgage company, who had guaranteed the payment of the bonds. The next day the mortgaged property was conveyed to the hotel company subject to the mortgage, which the…