Donn v. Peebles

ADAMS, J.:

This is an appeal from a final decree in foreclosure. The question presented is that of priorities between the holders of notes secured by a mortgage.

The master’s findings which were supported by the final decree were in substance that appellant, a real estate broker, negotiated a sale of property from one Peebles to Owens. The sale was to be for $5000.00; $2000.00 cash and remainder in 1, 2 and 3 years. When closing time approached, Owens was unable to pay more than $1000.00 and to make the sale appellant agreed to advance the other thousand. To evidence and secure such advance…