Tuttle v. Jockmus

The plaintiff in each case is suing upon an alleged promise of the defendant to pay a portion of a mortgage debt evidenced by a series of promissory notes drawn in his favor. The defendant is not a party to the notes or the mortgages securing them, but by virtue of a declaration of trust is an owner in part of the equitable title to the property covered by the mortgages. In the deed conveying the legal title of the property to Musick, trustee, the latter assumed and agreed to pay these mortgage debts, and in the declaration of trust the defendant agreed to pay them in proportion to his…