Foster v. Bowles

GRAY, C.

This action was brought to foreclose a mortgage made on December 2, 1887, by the defendant Bowles to Alexander Montgomery, deceased, in the lifetime of the latter. The complaint alleges that in March, 1892, the defendant Bowles conveyed the mortgaged premises to the defendant Hatch, and that the latter then agreed to pay to Montgomery the balance of $20,000 then due on the note and mortgage, together with interest according to the terms of the said note. The appellant, Sherman, .Clay & Co. (a corporation), was made defendant in the suit, for the reason, as alleged in the complaint,…