Fitzsimmons v. Roberts

The order should be affirmed upon the ground that the defenses and the counterclaim set up in the amended answer of the defendants Roberts are insufficient as a matter of law. These parties are mortgagor-defendants in an action to foreclose a real *468estate mortgage. Defendants Hadley are their grantees of the premises. In the deed to the Hadleys they took subject to the said mortgage and also assumed and agreed to pay the amount secured by the mortgage and accompanying bond. After this action was started, the Hadleys reconveyed the premises to defendants Roberts by a quitclaim deed in which the…