Hoffman v. Piccone

This is a motion under rule 113 of the Rules of Civil Practice for summary judgment. The action was brought upon a bond by the holder of a third mortgage. The action is against defendants, the original mortgagors, who sold the property covered by the mortgage subject to the bond sued upon. There was no assumption by the purchaser from defendants of said third bond and mortgage. Thereafter the second mortgage covering these premises was foreclosed and all of the rights in said property secured by the mortgage which accompanied the bond sued upon were foreclosed and wiped out. The action upon…