Hart v. Monte Vista Building Ass'n

Dependant in error had a decree of foreclosure against plaintiffs in error, with a provision for execution against the defendants Hart, makers of the mortgage note, for any deficiency.

Marietta A. Hart was the owner of the mortgaged premises; she borrowed $800 of the building association, and she and Isaac Hart, her husband, gave a note and mortgage to secure its payment. They afterwards bor-' rowed on note and second mortgage $400 of one En Earl, since deceased, whose heirs are the other plaintiffs in error.

Being pressed for payment, Mrs. Hart, on payment to her by one Hecker of $125, gave a…