Judges: PER CURIAM. —
Attorneys: G. P. Garrett, Attorney for Appellants;
Huffaker Edwards, Attorneys for Appellee.
Filed: Aug. 09, 1932
Latest Update: Mar. 02, 2020
Summary: The appellee, whom we will refer to as complainant, filed his bill in the Circuit Court of Polk County for the foreclosure of a real estate mortgage executed by the appellants, whom we will refer to as defendants. The mortgage by Julia Dillon, unmarried, individually, and as Executrix of the Estate of J. T. Dillon, deceased, and Rosa Dillon, widow of J. T. Dillon, deceased, was given on March 12, 1928, for the purpose of securing the payment of a promissory note in the sum of $6500.00 made by on
Summary: The appellee, whom we will refer to as complainant, filed his bill in the Circuit Court of Polk County for the foreclosure of a real estate mortgage executed by the appellants, whom we will refer to as defendants. The mortgage by Julia Dillon, unmarried, individually, and as Executrix of the Estate of J. T. Dillon, deceased, and Rosa Dillon, widow of J. T. Dillon, deceased, was given on March 12, 1928, for the purpose of securing the payment of a promissory note in the sum of $6500.00 made by one..
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There was no basis whatsoever for the entry of a deficiency decree against either Julia Dillon Bennett or Rosa Dillon because no consideration whatsoever moved to them for the execution of the mortgage nor to a third person nor was there any detriment to the mortgage. Neither of the defendants were bound on the original indebtedness which afterwards they voluntarily made secure by executing the mortgage on the land.
