Wilson

This was an action for the foreclosure of a mortgage made to secure the payment of a note for $250. The answer contained a general denial, and an affirmative averment that the note was without consideration. The trial court found this averment to be true, and gave judgment for the defendant; and the plaintiff appeals.

Tiie material facts shown by the evidence are as follows:—

While the property involved was held by one Duncan for the benefit of the Pioneer Bank, and was subject to a mortgage in favor of one Bradley, Duncan made a contract to sell it to the defendant (who had no notice of the rights of the bank) for the sum of $1,800. Of this sum the defendant paid $1,620, leaving due a balance of $180. In this condition of affairs the bank was adjudicated a bankrupt, and the plaintiff and one Hyde were appointed assignees. Thereupon Duncan conveyed to the assignees his interest in the property and in the contract with the defendant. (There is mention of a deed from Duncan to the defendant, but that deed does not include the property involved here.) Hyde prepared a deed from the assignees to the defendant, signed it, and handed it to the' plaintiff to he by him signed and…