Rose v. Dempster Mill Manufacturing Co.

Barnes, C.

Plaintiff in error, Ella M. Rose, obtained a decree in the district court for the foreclosure of a certain real estate mortgage against Dempster Mill Manufacturing Company, defendant in error, together with certain others who were the mortgagors. The premises were sold for much less than the amount due on the .decree; the sale was confirmed, and afterwards a deficiency judgment was rendered, by default, against the defendant for the remainder due on the decree, on the alleged ground that it had as- . sumed and agreed to pay the mortgage debt. Afterwards *28defendant filed a petition…