Jones v. Gardner

The Coubt

1. The Court found, and the pleadings admit, that the deed to plaintiff was intended as a mortgage. It is claimed that the judgment over against the defendant was erroneous. Section 2928 of the Civil Code provides that a “ mortgage ” does not bind the mortgagor personally unless there is an express covenant therein to that effect. But here there is evidence that defendant had promised to pay the sum of $1,600, on or before the 28th day of September, 1878. The fact is admitted by the answer, and it is recited in the bond, which was executed by the plaintiff, contemporaneously with the…