Nathanson v. Weston

This interlocutory appeal seeks the reversal of a post decretal order in a mortgage foreclosure denying the appellants’ request for a deficiency decree.

In January, 1962, the appellees purchased the property from the appellant for $47,-500, of which approximately $3,200 was paid in cash, a subsisting first mortgage was assumed, and the balance of $14,810 was represented by a purchase money second mortgage. Approximately one year after the purchase the appellees moved out of the property, failed to make the mortgage payments and a foreclosure action on the purchase money second mortgage was…