Hellman Commercial Trust & Savings Bank v. Maurice

THOMPSON (IRA F.), J.

The defendants and appellants executed their note in the sum of $1600 in favor of the plaintiff, and secured it by the execution of a second mortgage upon certain real property in Riverside County, subject to a deed of trust to secure the repayment of $3,500. The property was conveyed to the defendant W. H. Weeks, who assumed and agreed to pay the encumbrances, but who although named as a defendant was never served with process and never appeared in the action. Upon default in the payment of the note plaintiff brought action for the recovery of the principal sum with…