Conde

Foreclosure of mortgage executed by defendant company to ‘plaintiffs, the Condes and Leonardini, deceased, in his lifetime, to secure the payment of a certain promissory note for the sum of $9,000, payable to them and made by defendant company.

Plaintiffs had judgment, from which and from the order denying their motion for new trial defendants appeal.

The court found the following facts: That on May 24, 1899, defendant company executed the note and mortgage in question, payable thirty days after date. James E. Conde’s intestate died December 1, 1900, and on March 15, 1902, said Conde was duly appointed administrator of Leonardini’s estate; on March 9, 1901, plaintiffs, James E. and Mary K., his wife, borrowed from defendant Mrs. Moulton the sum of $1,500, and executed and delivered to her their promissory note therefor, payable one year after date, with interest at seven per cent per annum, and to secure the payment of the same assigned to her the said promissory note and mortgage first above mentioned; on October 5, 1901, the said Condes paid in full to defendant Moulton the said promissory note for $1,500, and demanded that she execute to them a reassignment of said promissory…